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IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Alok Aradhe, Sanjeev Kumar, JJ.
Ch. Mohd aseem Ullah – Petitioner
Vs.
State and Ors. – Respondents
LPASW No.115 OF 2015, MP No. 01 OF 2015 & MP No. 01 OF 2016
Decided On : 01-08-2017
Validity of Order - Intra Court Appeal - The court directed the Chief Education Officer to consider the claim of the private respondent in the light of relevant government orders and previous judgments, and to make a decision within a fixed time limit.
Fact of the Case:
The appellant challenged the validity of an order passed by the Single Judge, which directed the official respondents to consider the claim of the private respondent in the light of specific government orders and previous judgments.
Finding of the Court:
The court disposed of the appeal with a direction to the Chief Education Officer to consider the claims of both parties and make a decision within a fixed time limit, taking into account relevant legal precedents.
Issues: Validity of the order passed by the Single Judge, applicability of relevant government orders and previous judgments, and the duty of the Chief Education Officer to make a decision within a fixed time limit.
Ratio Decidendi: The court's decision was influenced by the Division Bench judgments in similar cases and the need for the Chief Education Officer to consider the claims of both parties and make a decision within a fixed time limit.
Final Decision: The appeal was disposed of with a direction to the Chief Education Officer to consider the claims of both parties and make a decision within a fixed time limit, modifying the order passed by the Single Judge.
1. With the consent of learned counsel for the parties, the matter is heard finally.
2. In this Intra Court Appeal, the appellant has assailed the validity of order dated 29.04.2015 passed by the learned Single Judge in SWP No. 1260/2015, by which the writ petition preferred by respondent No. 4 has been disposed of with a direction to the official respondents to consider the claim of private respondent No. 4 in the light of Government order No. 1034-Edu of 2013 and judgment dated 13.03.2014 passed in SWP No.705/2014, provided the same are applicable, within a period of one month.
3. When the matter was taken up today, learned counsel for the appellant submitted that the issue involved in this appeal is squarely covered by the Division Bench judgments passed in LPASW No. 73/2016 dated 27.01.2017, titled, Puran Chand and anr. vs. State and ors. and LPASW No. 45/2014, decided on 09.04.2014, titled, Tehreem Kousar vs. State and ors. It is further submitted that this appeal be disposed of with a direction to the Chief Education Officer, Poonch to afford an opportunity of hearing to the appellant as well as private respondent No. 4 and take a decision in the matter within a fixed time limit taking into account the law laid down by the Division Bench in the cases of Puran Chand and Tehreem Kousar (supra). The aforesaid submission is not opposed by the learned counsel for the respondents.
4. In view of the submissions made and as agreed to by the learned counsel for the parties, this appeal is disposed of with a direction to the Chief Education Officer, Poonch to afford an opportunity of hearing to the appellant as well as private respondent No. 4 and take a decision in the matter by a speaking order in the light of law laid down by the Division Bench in the cases of LPASW No. 73/2016 dated 27.01.2017, titled, Puran Chand and anr. vs. State and ors. and LPASW No. 45/2014 decided on 09.04.2014, titled, Tehreem Kousar vs. State and ors within period of three month from today. To the aforesaid extent, order passed by the learned Single Judge is modified.
Accordingly, the appeal is disposed of.
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