Jammu & Kashmir High Court - Srinagar Bench
Syed Barjas Akhtar vs State Of Jk & Ors on 28 July, 2021
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
RP No. 39/2019
CM No. 4601/2019
Dated: 28th of July, 2021.
Syed Barjas Akhtar
..... Appellant(s)
Through: -
None.
V/s
State of JK & Ors.
..... Respondent(s)
Through: -
Mr Sheikh Feroz Ahmad, Dy. AG; and
Mr Rizwan-u-Zaman Bhat, Advocate.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
Hon'ble Mr Justice Sanjeev Kumar, Judge
ORDER
Per Magrey; J (Oral):
CM No. 4601/2019:
Mr Rizwan-u-Zaman Bhat, Advocate for the applicant/ Respondent No.6.
Mr Sheikh Feroz Ahmad, Dy. AG for non-applicants/ Respondents 1 to 5.
01. This is an application seeking Condonation of delay in filing the
Review Petition against the Judgment dated 8th of March, 2019 passed in
LPASW No. 18/20198.
02. On the set of facts and the grounds urged, coupled with
submissions made at the Bar, the instant application is allowed and the delay
that has occasioned in the filing of the Review Petition is condoned. Review
Petition is taken on board today itself hereunder.
03. CM disposed of as above.
RP No.39/2019; CM No. 4601/2019
RP No. 39/2019:
Mr Rizwan-u-Zaman Bhat, Advocate for the Review Petitioner/ Respondent No.6.
Mr Sheikh Feroz Ahmad, Dy. AG for Respondents 1 to 5.
04. By this Petition, the Review Petitioner/ Respondent No.6 in the
appeal, is seeking review of Judgment dated 8 th of March, 2019 passed in
LPASW NO.18/2019 insofar as it directs the official Respondents to initiate
a fresh process of selection for the post in question and allow the eligible
candidates to compete in such process.
05. The grievance of the Review Petitioner is that in terms of the
Judgment under review, the Letters Patent Bench, while confirming the
Judgment of the learned Single Judge; whereby the Petition of the Writ
Petitioner/ Appellant stands dismissed, has directed for initiating a fresh
process of selection against the post in question, when the fact of the matter
is that the process for filing up the post was already initiated during the
pendency of the Writ Petition and, thus, in such circumstances, there was no
scope for making such a direction.
06. Having heard the learned counsel for the Review Petitioner/
Respondent No.6 in the appeal, and after perusing the pleadings on record, we
notice the error in the Judgment under Review to the extent of directing for
initiating of a fresh process of selection when there was no such scope for
issuing such a direction in view of the dismissal of the Writ Petition/ Appeal.
In that view of the matter, we allow this Review Petition and, accordingly,
recall the portion of the Judgment dated 8th of March, 2019 passed in LPASW
No.18/2019 which provides for initiating fresh process of selection against the
RP No.39/2019; CM No. 4601/2019
post in question. As a necessary corollary, the operative paragraph of the
Judgment aforesaid (paragraph No.20) shall now read as under:
"20. In the circumstances, the LPA, being without any
merit, fails, and is dismissed as such. The impugned judgment
and order is upheld."
07. Review Petition disposed of as above.
08. This Order shall form part of Judgment dated 8th of March, 2019
passed in LPASW No. 18/2019.
(Sanjeev Kumar) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR
July 28th, 2021
"TAHIR"
i. Whether the Order is speaking: Yes/No
ii. Whether the Order is reportable: Yes/No
TAHIR MANZOOR BHAT
2021.07.28 15:48
I attest to the accuracy and
integrity of this document
