MUKHTAR AHMAD WANI AND ORS. v. MAMIDALA JAGDESH KUMAR AND ORS. (UNIVERSITY GRANTS COMMISSION)
CCP(D)/35/2024 · 2025-06-04
Sanjay Parihar, Sanjeev Kumar
body2025
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[ 2025 DAILYLAW 8242 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 20 Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(D) 35/2024 in [LPA 54/2021] MUKHTAR AHMAD WANI AND ORS …Petitioner/Appellant(s) Through: Mr. Rizwan ul Zaman, Advocate Vs.
MAMIDALA JAGDESH KUMAR AND ORS.
(UNIVERSITY GRANTS COMMISSION)
...Respondent(s) Through: Mr. Syed Faisal Qadri, Sr. Advocate with Ms. Mariya, Advocate Mr. Shahbaz Sikander, Advocate
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER 04.06.2025
1. This is a petition for initiating contempt proceedings against willful disobedience and non compliance of the judgment passed by this Court dated 1st December 2023 in LPA No 54/2021, the operative portion whereof reads as under:
“19. In view of above, and for the reasons discussed above, the appeal is allowed with the direction to the respondents 2 to 4 to refer the matter to the Expert Committee as regards the correctness of the answers given by them as mentioned in the writ petition/appeal relating to the answers given by the present three appellants, namely, (i) Mukhtar Ahmed Wani, (ii) Shahid Ul-Islam, and (iii) Mushtaq Ahmed Sheikh are concerned and if the Expert Committee finds that the answers given by these 03 appellants herein are correct, the necessary additional marks may be awarded to them and if they are found to have scored more marks than the last candidate declared successful in the aforesaid State Eligibility Test 2017-218 pursuant to the advertisement dated 30.11.2017, the appellants shall be declared to have
passed the said test and the notified accordingly. However, it made clear that this order will be confined only to the present three appellants and not to any other candidate, since we do not wish to extend this benefit who have not pursued their claims or abandoned their claims midway.
20. With the above observations and directions, for the reasons discussed above, the present appeal is allowed by setting aside the impugned judgment and order dated 24.02.2021 passed in OWP No. 2391 of 2018 along with all connected CM(s).”
2. In response to the contempt notice, the respondents have filed statement of facts and have appended therewith a copy of the report of experts. From the reading of the compliance report as also the report of the expert, it clearly transpires that the answer key has been revised afresh by the committee of experts constituted vide order dated 24th September, 2024 and the experts have found nothing wrong with the answer key prepared by the earlier experts.
3. In that view of the matter, we are of the considered view that the
judgment passed by this Court has been substantially complied with and, therefore, there remains nothing in this petition to proceed further.
4. This contempt petition is closed with liberty to the petitioner to work out his remedy against the opinion of the experts which has become the basis for the rejection of the claim of the petitioners.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE
JUDGE
SRINAGAR 04.06.2025
“Adil Ismail”