MOHD SHAFAYAT v. UT OF J AND K TH. COMMISSIONER SECRETARY, SCHOOL EDUCATION DEPARTMENT, JAMMU AND OTHERS
WP(C)/2311/2026 · 2026-07-28
Wasim Sadiq Nargal
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 2310 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2310 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No.2311/2026
Mohd. Shafayat .....Petitioner (s)
Through :- Mr. F. S. Butt, Advocate
v/s Union Territory of J&K and others .....Respondent(s)
Through :- Mr. Raman Sharma, AAG with Ms. Shaliqa Sheikh, Assisting Counsel
CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER 28.07.2026
01.
Learned counsel for the petitioner submits that the petitioner would feel satisfied that in case, the instant petition is treated as a representation and a direction is issued to the respondent Nos.2 to 4 to accord consideration to the case of the petitioner. 02. Heard learned counsel for the petitioner at length and perused the record. 03. Issue notice, which is waived by Ms. Shaliqa Sheikh, Assisting Counsel appearing on behalf of the respondents. She is not averse to the disposal of the instant writ petition by treating the same as a representation, provided the same is directed to be accorded consideration strictly under rules and as per law. 04. With the consent of learned counsel for the parties, the instant writ petition is taken up for final disposal, at the very threshold, by directing the respondent Nos. 2 to 4 to treat the instant writ petition as a representation and to accord due consideration to the same in light of the judgment passed by the Hon’ble Supreme Court in case titled, “Union Territory of J&K and Ors. Vs. Saba Wani” dated 03.04.2026, within a period of four weeks from the date, a
Sr. No. 219
2
WP(C) No.2311/2026
copy of this order alongwith writ petition and Annexures are made available to the concerned respondent(s) strictly under rules and as per law. 05. Let the necessary consideration be accorded within the aforesaid period positively. 06. At this stage, Mr. F. S. Butt, learned counsel appearing for the petitioner, submits that the petitioner’s name figures in the merit panel placed on record along with the instant petition and that, pursuant thereto, his case was recommended for engagement as RET Teacher. Learned counsel has further drawn the attention of this Court to the said merit panel, a perusal whereof prima facie reveals that the petitioner was the only candidate whose name figured therein and was recommended for engagement as RET Teacher. 07. It is, accordingly, observed that while considering the case of the petitioner, the respondents shall take into account the aforesaid factual position and shall also consider his claim strictly in accordance with law and in the light of the judgment passed by Hon’ble Supreme Court mentioned (supra).
The decision so taken shall be communicated to the petitioner by way of reasoned order, which shall be forwarded to him through Registered Post and the petitioner will be at liberty to furnish such further documents or relevant material, if so required by the respondents, before a final decision is taken. 08. In the aforesaid backdrop, the writ petition is disposed of in the manner indicated above along with all connected application(s). (Wasim Sadiq Nargal)
Judge
JAMMU 28.07.2026 Shammi SHAMMI KUMAR 2026.07.28 18:51 I attest to the accuracy and integrity of this document