Kounsar Jan vs Union Territory Of J And K And Ors
2026 Latest Caselaw 199 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Kounsar Jan vs Union Territory Of J And K And Ors on 2 February, 2026

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                 05
                                                                 Regular



          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT SRINAGAR
                            CM(8976/2025) in WP(C) 625/2022.


       KOUNSAR JAN.
                                                                 ...Petitioner(s)
             Through:      Mr. Sajid Ahmad Bhat, Advocate vice
                           Mr. M. Y. Bhat, Senior Advocate.

                                             VERSUS
       UNION TERRITORY OF J AND K AND ORS.
                                                               ...Respondent(s)
             Through:      Mr. Ruaani Ahmad Baba, Advocate for R2 and 3.

CORAM:
             HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
                                     ORDER

02.02.2026

01. In her writ petition- WP(C) No. 625/2022, the petitioner

came forward seeking quashment of an order No. 615-B

of 2021 dated 16.12.2021 whereby case of the petitioner

for regularization to the post of the Junior Assistant in

Jammu & Kashmir Board of School Education, Srinagar

(Kashmir) was rejected.

02. The petitioner further sought a writ of mandamus with

respect to her regularization as Junior Assistant by

reference to similarly situated employees namely- Arifa

Jan and Zameer Ahmad Shah.

03. The writ petition was instituted on 22.03.2022 and

came to be disposed of without adjudication on merits in

terms of an order dated 27.11.2025, by purportedly referring to the submission of the learned counsel for the

respondents that the respondents are ready to consider

the petitioner's case for regularization against the post

claimed on the analogy of said two similarly situated

persons but which would count to be a one-time

exception and not to be construed as precedent for any

other case.

04. This purported stand of respondent's counsel resulted in

disposal of the writ petition by virtue of an order dated

27.11.2025 in respect of which the two respondents have

come forward with an application- CM No. 8976/2025,

made through the Assistant Secretary JKBoSE and

supported by an affidavit of Joint Secretary- Shahnawaz

Chowdary of J&K Board of School Education.

05. Through the medium of application, it is intended to be

said by the applicants/respondents No. 2 and 3 that

instead of the counsel for the respondents in the writ

petition, it is the Court itself which had desired and

directed the respondents No. 2 and 3 to examine the

petitioner's case.

06. Through the medium of same very application, the

respondents No. 2 and 3 intend to relieve themselves from

the burden of observation as spared in the order dated 27.11.2025 and intend to shift the same unto the

shoulders of this Court, which this Court is not inclined

to take upon itself, as this Court is meant to adjudicate

the matters on merits and not to resort to short-cut

disposal.

07. Therefore, this Court suo motu exercises its power of

recalling the order dated 27.11.2025 and restores the

writ petition- WP(C) No. 625/2022 to its original number

for adjudication on merits.

08. List on 9th of February, 2026.

(RAHUL BHARTI) JUDGE

SRINAGAR 02.02.2026 Bisma Jan.