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2015 Supreme(J&K) 295
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
N. Paul Vasanthakumar & Dhiraj Singh Thakur, JJ.
Fahmida Akhter – Appellant
Vs.
State of Jammu and Kashmir through Commissioner Secretary to Government, Education Department & Others – Respondents
LPASW No. 67 of 2015 & CMP No. 1 of 2015
Decided On : 20-5-2015
Advocate Appeared:
For Appellant:Mr. M.M. Dar, Advocate.
For Respondent:Mr. Shahwar Gowhar, AAG and Ms. Moksha Qazmi, Advocate.
Consent orders cannot be appealed, as established by well-settled law and previous judgments.
Headnote:
Consent Order - Eligibility of Candidates - The court dismissed the appeal against the order determining the eligibility of candidates, as the appellant's counsel had conceded to the decision and only prayed for the cut off date to be the same.
Fact of the Case:
The appellant appealed against the order determining the eligibility of candidates, conceding to the decision taken before the learned Single Judge and only praying to treat the cut off date as 12.2.2012.
Finding of the Court:
The court dismissed the appeal, citing the well-settled law that consent order cannot be appealed, as established in previous judgments.
Issues: The issue was whether the appeal against the consent order determining the eligibility of candidates was maintainable.
Ratio Decidendi: The court relied on the judgments in Pushpa Devi Bhagat (Dead) vs. Rajinder Singh and Daljit Kaur and Another vs. Muktar Steels Private, Limited and Others, which held that appeal is not maintainable against the consent decree.
Final Decision: The appeal was dismissed by the court.
N. Paul Vasanthakumar, J.
1. This appeal is filed against the order dated 15.04.2015 made in SWP No. 461 of 2014 wherein the learned counsel appearing for the appellant has conceded to the decision taken and only prayed that for determining the eligibility of the candidates, the cut off date shall be same, viz. 12.2.2012.
2. Learned counsel appearing for the appellant having conceded to the decision taken before the learned Single Judge and only prayed to treat the cut off date as 12.2.2012, the said order cannot be appealed.
3. It is the well settled law that consent order cannot be appealed in view the judgment of Hon’ble the Supreme Court rendered in Pushpa Devi Bhagat (Dead) vs. Rajinder Singh, (2006) 5 SCC 566, wherein it is held that appeal is not maintainable against the consent decree. Similar view was taken in Daljit Kaur and Another vs. Muktar Steels Private, Limited and Others, (2013) 16 SCC 607.
4. In such circumstances, the appeal is dismissed.
