Citation : 2026 Latest Caselaw 2004 J&K
Judgement Date : 7 April, 2026
Regular list
Serial No.09& 10
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CM(M) Nos.1702/2026 & 1703/2026 in
WP(C) No.65/2025
Rigzin Motup & Ors.
.....Applicant(s)/Petitioner(s)
Through: Mr. Akhil Ahmed Bardi, Advocate
(through virtual mode)
Vs
UT of Ladakh & Ors.
.....Respondent(s)
Through: Mr. Eishaan Dadhichi, CGSC vice
Mr. Vishal Sharma, DSGI
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(07.04.2026)
1. The petitioners, all of whom are residents of Ladakh,
came forward with institution of writ petition through Advocate-
Mr. Akhil Ahmed Bardi.
2. The writ petition was taken cognizance in terms of an
order dated 03.01.2025 in assailing a notification for selection
through interview on contractual basis under the National
Health Mission (NHM) for UT of Ladakh, issued on 28.12.2024.
3. On the very first date of hearing, the respondents came
to cause their appearance through Mr. Vishal Sharma, learned
DSGI and sought time to file reply to the writ petition.
4. The writ petition came to suffer dismissal for non-
prosecution in terms of an order dated 15.12.2025 on account
of repeated non-appearance of the counsel for the petitioners.
5. This Court can safely excuse the petitioners from any
default in appearing in the matter as they were not supposed to CM(M) No.1487/2026 in
appear and particularly, being residents of UT of Ladakh, it was
not expected of anyone of the petitioners to come to Jammu and
attend the case in absence of their counsel but surely the
counsel of the petitioners has not acted with due diligence in
pursuing the brief which he had taken up on behalf of the
petitioners.
6. The petitioners, through the same very counsel, have
come forward with the time barred restoration application for
seeking restoration of the dismissed writ petition citing the
reason that the petitioners' counsel was out of India for some
religious pilgrimage.
7. The restoration of the dismissed writ petition is thus
being solicited.
8. Though this Court is not convinced that learned counsel
for the applicants/petitioners should have come up in the
manner in which the restoration application along with
condonation of delay application have been preferred,
nonetheless, in the interest of justice and considering the
topography of the UT of Ladakh related to hardship of the
petitioners, this Court allows both applications.
9. The writ petition is restored to its original number.
10. List the main petition WP(C) No.65/2025 on
29.04.2026.
(RAHUL BHARTI) JUDGE JAMMU 07.04.2026 Sneha CM(M) No.1487/2026 in
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