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2015 Supreme(J&K) 399

TASHI RABSTAN
Mukerjeet Sharma – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant :U.K. Jalali, Sr. Advocate and Anuj Sawhney, Advocate
For the Respondents:R.A. Jan, Advocate General, Monish Chopra, Govt. Advocate, D.C. Raina, Sr. Advocate and Anil Verma, Advocate

JUDGMENT :

Tashi Rabstan, J.

1. In the present petition, the petitioners are aggrieved of the action of Governor in not according approval to the decision of State Cabinet dated 10.10.2014 with regard to the appointment of petitioners herein as Members of the Jammu & Kashmir Public Service Commission. Along with the writ petition, the petitioners have also filed AP(OWP) No. 16/2015 seeking dispensing with the filing of copies of cabinet decisions dated 10.10.2014 and 15.03.2015 along with the order by virtue of which the cabinet decision dated 10.10.2014 was upset.

2. Objections to the application have been filed by the respondents questioning its maintainability.

3. When the matter was taken up for hearing on 28.05.2015, Mr. Jan, learned Advocate General, pleaded that under law the present application would be maintainable only if the main writ petition, in which it has been filed, is tenable in law. He, therefore, emphasized to first argue on the maintainability of the writ petition. Mr. Jalali, learned senior counsel, in the peculiar facts and circumstances of the case, agreed to argue on the maintainability of the writ petition.

4. Accordingly, with the consensus of learned counsel























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