Avnish Sardalia Sharma vs State Of Jammu And Kashmir And ...
2021 Latest Caselaw 1633 j&K

                                                                           Sr. No. 1

            HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU

                                                WP (C) No. 3317/2019
                                                CM No. 6935/2019
                                                CM No. 5918/2020
                                                c/w
                                                WP(C) No. 2412/2019
                                                CM No. 4866/2019
                                                CM No. 6985/2019

Avnish Sardalia Sharma                                 .....Appellant(s)/Petitioner(s)


                       Through: Mr. Koushal Parihar, Advocate in
                                WP(C) No. 3317/2019
                                 (through Physical Mode from Jammu Wing of the High Court)


                                 Mr. Tariq Ahmed Shah & Mr. Shuja-ul-Haq,
                                 Advocates in
                                 WP(C) No. 2412/2019
                                 (through Virtual Mode from Srinagar)


                  Vs

State of Jammu and Kashmir and others                               ..... Respondent(s)

                       Through: Mr. F. A. Natnoo, AAG &
                                Mr. Rahil Raja, Advocate in
                                WP(C) No. 3317/2019
                                 (through Physical Mode from Jammu Wing of the High Court)


                                 Mr. R. A. Jan, Sr. Advocate with
                                 Mr. Taha Khalil, Advocate.
                                 Mr. Azhar-ul-Amin, Advocate
                                 in WP(C) No. 2412/2019
                                 (through Virtual Mode from Srinagar)


Coram:      HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
            HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                  ORDER

08.12.2021

During the course of argument, Mr. Jan, learned Senior Counsel,

appearing on behalf of the High Court brought to the notice of this Bench two

judgments. One passed by a coordinate Bench of this Court in SWP No.

652/2014, in case titled "Karan Sharma Vs State of Jammu & Kashmir

and others," decided on 03.9.2021 and second by the Apex Court in case

titled "Jamaluddin Vs State of J&K and others," reported in (2011)14

SCC 725, which according to him has a direct bearing on the issue in

question.

a/w WP(C) No. 2412/2019

In view of the fact that a Coordinate Bench of this Court has

already rendered a judgement on the issues, which also arises for

consideration in the present case, we deem it appropriate to request Mr. Jan,

learned Senior Counsel to clarify the stand of the High Court in the backdrop

of the judgment aforesaid. Mr. Jan shall also produce the record pertaining

to the adoption of reservation provisions by the High Court through various

resolutions/decisions.

List again on 02.02.2022, as requested.

                   (Javed Iqbal Wani )          (Dhiraj Singh Thakur)
                         Judge                           Judge
Jammu
08.12.2021
Muneesh