Manzoor Ahmad Dar & Ors vs Union Territory Of Jk & Ors
2021 Latest Caselaw 989 j&K/2

                                                                  Serial No. 84
                                                            Supplementary 1 Causelist


      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                                                        WP(C) No. 207/2021
                                                    c/w WP(C) No. 115/2021

Manzoor Ahmad Dar & Ors.
                                                           ..... Petitioner(s)

                             Through: -
       Mr Sheikh Umar Farooq, Advocate in WP(C) No. 207/2021.
            Ms Arifa Jan, Advocate in WP(C) No. 115/2021

                                   V/s

Union Territory of JK & Ors.
                                                         ..... Respondent(s)

                               Through: -
                          Mr Shah Aamir, AAG.

CORAM:

            Hon'ble Mr Justice Ali Mohammad Magrey, Judge.

                                 ORDER

31.08.2021

Learned appearing counsel for the petitioners submits that similar

petition bearing WP(C) No. 10/2021 titled Farooq Ahmad vs Union Territory

of JK & Ors, involving same subject matter stands allowed by this Court

whereunder the circular issued by the Chief Education Officer, Pulwama, was

under challenge and was also quashed and prays for the same order.

The objection taken by the respondents has reference to application

of Rule 10 of the Jammu and Kashmir Government Employees (Conduct)

Rules, 1971 (hereinafter referred to as the Rules of 1971), which stands

already considered by a Coordinate Bench of this Court in writ petition

bearing OWP No. 306/2017, while dealing with the circular issued by the

Government dated 4th of January, 2017 and on the strength of the judgment

passed by the Division Bench of this Court in PIL No. 6/2011 titled Vichar

Kranti International & Anr vs State of JK & Ors, declaration has been made that the action of the Government as regards imposition of complete ban on

private tuition vide circular dated 4th of January, 2017, being unsustainable

under law, accordingly, quashed the same and allowed the writ petition. The

Chief Education Officer, Anantnag in the objections could not justify the

action which is in violation of the directions passed by the Division Bench of

this Court as aforesaid. Needless, to mention that the Chief Education Officer,

Pulwama has to adhere to the Rule 10 of the Rules of 1971 by ensuring that

the Government teachers while deciding to go for private tuitioning, shall

obtain proper permission in this regard in tune with the circular issued by the

Government in the year 2005 dated 11th of August, 2005, whereby all

government teachers were allowed to undertake tuitions with the rider that

they shall not undertake the tuitions two hours before the opening of the

schools and two hours after closure of the schools.

In the above background, these writ petitions alongwith connected

CM(s) shall stand disposed of with direction to the Chief Education Officer,

Anantnag to adhere to the directions of the Division Bench as aforesaid.

Writ petitions alongwith connected CM(s) disposed of.

(Ali Mohammad Magrey) Judge SRINAGAR:

31.08.2021 "Hamid"

ABDUL HAMID BHAT 2021.08.31 16:47 I attest to the accuracy and integrity of this document