JUDGMENT

Dr. D.Y.CHANDRACHUD, J.

Leave granted.

Delay condoned.

A Writ Petition was instituted in the public interest before the High Court of Jammu and Kashmir by the respondents seeking to challenge a circular dated 11 August 2005 issued by the Government of Jammu and Kashmir in its Education Department. The circular adverted to the provisions of Rule 10 of the Jammu and Kashmir Government Employees (Conduct) Rules 1971 which prohibits a government servant from taking up any assignment without the permission of the competent authority. The circular recorded that complaints were received to the effect that officials of the Education Department were indulging in coaching activities in private institutions. Accordingly, the circular contained the following directions:

“In order to safeguard the public interest i.e., the academic work in the schools it is hereby directed that no official shall undertake any activity/assignment including teaching in a private institution or coaching centre unless permission is obtained from the competent authority to do so. It is further directed that no such permission shall be available two hours before the opening of the school and two hours after the