Jammu & Kashmir High Court - Srinagar Bench
Mohammad Rafeeq Bhat vs Gazanfar Lai And Ors. (Youth on 12 February, 2025
S. No. 12
Regular Cause List
IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(S) 580/2021 in[SWP 445/2019]
MOHAMMAD RAFEEQ BHAT
...Appellant(s)/Petitioner(s)
Through: Mr. Hilal A Wani, Advocate
Vs.
GAZANFAR LAI AND ORS. (YOUTH
SERVICES AND SPORTS DEPARTMENT) ...Respondent(s)
Through: Mr. Jehangir A Dar, GA
CORAM:
HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE
ORDER
12.02.2025
1. In terms of order dated 23.10.2024, last and final opportunity of three
weeks was given to the respondents to comply with the Judgment in
letter and spirit, failing which this Court will be left with no option but
to proceed against the respondents.
2. Thereafter, on 21.12.2024, further opportunity of one week was given
to the respondents for filing compliance, but again respondents failed.
However, at this stage, it is submission of Mr. Jehangir, learned GA,
that in compliance to the orders of this Court, Status Report has been
filed on 02.01.2025.
3. In terms of judgement dated 06.10.2021, in SWP no.445/2019, it has
been, inter alia, directed that respondent no.2 in writ petition (Director
General Youth Services and Sports Department, Jammu) (i.e., respondent
no.1 herein) shall proceed in the matter in accordance with law and in
case appointment of petitioner is required to be withdrawn pursuant to
the recommendations of the Enquiry Committee, headed by District
Development Commissioner, Budgam, the petitioner shall be put on
notice to show cause and shall be given an opportunity to put his point
of view and he shall also be provided report of Enquiry Committee as
also other documents, which official respondents would rely upon to
substitute his appointment by respondent no.5. Respondent no.2 has
also been directed to consider all points raised by petitioner including
issue of validity of Ph.D. Degree of respondent no.5 in light of UGC
(Minimum Standards and Procedure for Award of M.Phil/Ph.D.
Degree) Regulations, 2009, and the Ordinance of Dr. Babasaheb
Ambedkar Marathwada University, Aurangabad and the proceedings,
if initiated, shall be concluded within two months from the date of
judgement.
4. It is stated by respondents 1&2 in the Status Report that in pursuance
of the directions of this Court, they vide letter dated 13.12.2024 took
up the matter with Administrative Department for instructions in the
matter which requires sufficient time.
5. Having regard to all that has been stated by respondents 1&2 in their
status report and submissions made by counsel for parties, let Mr
Jehangir Dar, learned GA, submit a comprehensive and detailed
affidavit by or before next date of hearing, failing which appropriate
orders including Robkar will be framed.
6. List on 26.03.2025.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR
12.02.2025
"Imtiyaz"
