Mrs. Nowshaba Rashid vs University Of Kashmir And Ors
2021 Latest Caselaw 1368 j&K/2

S. No. 128
Supp. List


       IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT SRINAGAR.
                                        CPSW No. 564/2017
             Mrs. Nowshaba Rashid
                                                                               ...Petitioner(s)
                           Through:      Mr. Shakir Haqani, Adv. vice
                                         Mr. Altaf Haqani, Sr. Adv.

                                                    Vs
             University of Kashmir and Ors.
                                                                             ...Respondent(s)
                           Through:      Mr. Asif Maqbool, Dy. AG vice
                                         Mr. Shah Aamir, AAG

             CORAM:
                           Hon'ble Mr. Justice Javed Iqbal Wani, Judge
                                                ORDER

01.11.2021

Upon coming up this instant contempt petition for consideration on 11-10-2021, this Court while noticing record of the proceedings has extracted order dated 20th November, 2020, on which date Financial Commissioner, Health and Medical Education Department was present before the Court through virtual mode and had under taken to submit the compliance of the Judgment in three months and with that assurance, consideration of the contempt petition had been deferred with a direction to the respondents to ensure implementation of the Judgment dated 11- 03-2016 in letter and spirit without compelling the court to adhere to a coercive methods. The said order dated 20th November, 2020, being relevant has been extracted in the order dated 11-10-2021 and for convenience and reference risking repetition is reproduced hereunder as well;

"Need for asking the Financial Commissioner, Health and Medical Education Department, to appear in person, had arisen on noticing the delay in implementation of the Judgment passed by the writ Court on 11-03-2016, in SWP No. 1021/2013 titled Dr. (Mrs.) Nowshaba Rashid vs. State and Ors. Further noticing that the contempt petition is also on the board for the last about four years, without showing any results.

Mr. Atul Duloo, Financial Commissioner, Health and Medical Education Department present in the Court by virtual mode, submits that due to non-availability of requisitioned papers by the Empowered Committee, the matter got delayed, as such, the implementation has remained pending. The officer present in the Court, submits that there is no deliberate and intentional delay in implementation of the Judgment of this Court, but same is due to some administrative reasons, as explained in the status reports filed from time to time and examined by this Court. He further submits that the matter will be taken up back with the Empowered Committee, apprising them the reasons for non-availability of the papers as also to bring into the notice of Empowered Committee the observations made by this Court. He seeks further three months' time to ensure implementation of the Judgment. During interaction, the officer present in the Court made reference to the repealment of special provisions of Act of 2010, and wanted to apprise the Empowered Committee about the same. The Court made it clear to the officer that notwithstanding the repealment of special provisions of Act of 2010, the Judgment passed by this Court will not become unenforceable under law as the repealment has prospective effect and the case of the petitioner will be considered in accordance with special provisions of the Act of 2010, and in terms of the Judgment passed by the writ Court on 11-03-2016.

In view of above, further consideration in the contempt petition is deferred for three months with direction to the respondents to ensure implementation of the Judgment dated 11-03-2016 in letter and spirit without compelling the Court to adhere to the coercive method. Before the next date of hearing, the respondents shall file compliance with copy in advance to other side.

List on 24-02-2021.

Copy of the order be provided to learned appearing counsel for the parties under the seal and signature of the Bench Secretary today itself."

Mr. Shah Aamir, learned AAG being present on 11-10-2021 before the Court had submitted that the Additional Chief Secretary, Health and Medical Education Department has recently taken over the charge therefore, prayed for some time to update the status, consequently, needful had to be done by or before the next date of hearing. Neither compliance of the Judgment dated 11-03-2016 is reported nor any updated status has been filed.

Mr. Shah Aamir, however, would submit that latest updated status has been received by him and that same could not be filed before the Court on account of his personal reasons. The consideration of the matter is deferred by one week enabling the respondents to comply with the Judgment dated 11-03-2016, in the light of the statement made on 20 th November, 2020, before this Court.

List on 8th November, 2021, for further consideration. In the meantime, Mr. Shah Aamir to file updated status in compliance to order dated 11-10-2021 and in the event, same is not filed, the Additional Chief Secretary, Health and Medical Education Department shall appear personally along with the record of the case on the next date.

(Javed Iqbal Wani) Judge Srinagar.

01.11.2021 "Sakeena"

SAKEENA MOLVI 2021.11.17 14:34 I attest to the accuracy and integrity of this document