Jammu & Kashmir High Court - Srinagar Bench

Aaqib Ali Khan vs Dr. Iffat Hassan Shah And Ors on 6 May, 2025

                                                                      Serial No. 155
                                                                      Suppl. List
        IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT SRINAGAR
                           CCP(S) No. 105/2025 in
                           SWP(C) No. 2766/2024
Aaqib Ali Khan                                                    ...Petitioner(s)

Through: Mr. Mir Umar, Advocate
                                       Vs.
Dr. Iffat Hassan Shah and Ors.                                   ...Respondent(s)


Through: Mr. Syed Faisal Qadiri, Sr. Adv, with Mr. Mansoor Bukhari, Adv,
         for 2.
         None or 1 and 3
CORAM:
         HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
                                    ORDER

06.05.2025

1. The record reveals that the instant contempt petition was listed before this Court on 29th April, 2025, on which date, the respondents were directed to come up with the final compliance of Order dated 3rd February, 2025, in case the respondent-University was not in a position to get any favourable order in their favour by or before the date fixed for the LPA preferred by the University of Kashmir. It was also reflected in the aforesaid Order that in case the same is not complied with by or before the next date of hearing, this Court will be constrained to take coercive measures against the respondents.

2. The matter, thereafter, was listed on 5th May, 2025, and the respondents were directed to comply with Order passed by this Court on 29th April, 2025.

3. Today, when the instant case was taken up, Mr. Syed Faisal Qadiri, Sr. Counsel, appearing on behalf of respondent-University has provided a copy compliance order issued by the Assistant Controller of Examination, University of Kashmir, Srinagar, dated 5th May, 2025, whereby the petitioner has been permitted to appear provisionally in MBBS 2 nd Year Supplementary Examination, which, however, shall be subject to the final outcome of the writ petition.

4. The aforesaid compliance order has been issued by the University strictly in compliance to the directions passed by this Court on 3rd February, 2025 and the same shall not be treated as precedent or confer any equity on the candidate as has been reflected in the aforesaid order.

5. At this stage, Mr. Syed Faisal Qadiri, learned senior counsel, appearing for the respondent-University, submits that the aforesaid order has been called in question before the Division Bench in LPA No. 100/2025, in which, the notice has been issued in the condonation of delay application accompanying the aforesaid LPA.

6. Thus, in the light of the aforesaid compliance order issued by the University of Kashmir, a copy of which has been supplied to this Court and taken on record, no fruitful purpose would be served to keep this contempt petition alive, as the Order/Judgment passed by this Court on 3rd Fe bruary,2025 stands complied with. Accordingly, the proceedings in the instant contempt petition are closed.

7. Rule, if any framed, shall stand discharged.

(WASIM SADIQ NARGAL) JUDGE SRINAGAR: