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2025 DAILYLAW 7761 (JK)

GOVERNMENT OF J AND K AND ORS. (SCHOOL EDUCATION) v. NILOFAR YOUSUF AND ANR.

WP(C)/1297/2024 · 2025-07-07

Sanjay Parihar, Sanjeev Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … WP (C) No. 1297/2024 Reserved on: 31-05-2025 Pronounced on: 07.07.2025 1. GOVT. OF J&K THROUGH COMMISSIONER-CUM-SECRETARY TO GOVT. EDUCATION DEPARTMENT, J&K CIVIL SECRETARIAT SRINAGAR/JAMMU-180001/190001. 2. DIRECTOR SCHOOL EDUCATION, SRINAGAR, KASHMIR. 3. INQUIRY COMMITTEE CONSISTUTED REGARDING TO THE CLASS IV, DISTRICT BUDGAM, THOURHG JOINT DIRECTOR (E.E), DIRECTOR OF SCHOOL EDUCATION, KASHMIR, 180001/190001. 4. CHIEF EDUCATION OFFICER, DISTRICT BUDGAM. ...PETITIONER(S) Through: - Mr. Faheem Nissar Shah, GA Vs. 1. NILOFAR YOUSUF. D/O: MOHAMMAD YOUSUF DAR R/O: BRINJAN, CHADOORA, BUDGAM. 2. OWAIS NAZIR. S/O: NAZIR AHMAD DAR R/O: BRINJAN, CHADOORA, BUDGAM. …RESPONDENT(S) Arif Hameed I attest to the accuracy and authenticity of this document 08.07.2025 2 WPC 1297/2024 Through:- Mr. S.H. Thakur, Advocate. CORAM: HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE. JUDGMENT 1. The judgment and order challenged in this Writ Petition is similar to one challenged in WP (C) No. 103/2024 titled Union Territory of Jammu & Kashmir and others vs. Shakeel Ahmad and ors. By a detailed order that writ petition has been allowed today and the judgment impugned passed by the Central Administrative Tribunal, Srinagar Bench has been set aside. 2. Therefore, this petition is also allowed and the judgment of the Tribunal dated 28-11-2023 passed in TA No. 1861/2020 is set aside. The petitioners are left free to initiate fresh selection process for making the selections of Class IV/MTS vacancies. We, however, clarify that in case fresh selection process is undertaken by the petitioners and fresh applications are invited, the candidates who had participated in the selection process scrapped by the Government and who were within age, shall not be treated as over-aged for the fresh selection process. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge SRINAGAR: 07.07.2025 Anil Raina, Addl. Registrar/Secy Whether the order is reportable: Yes/No Arif Hameed I attest to the accuracy and authenticity of this document 08.07.2025 10:19 Arif Hameed I attest to the accuracy and authenticity of this document 08.07.2025