Back
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Alok Aradhe, Sanjeev Kumar, JJ.
Mohd Zabeer – Petitioner
Vs.
State and Ors. – Respondents
LPASW No. 62 OF 2015, MP No. 01 OF 2015
Decided On : 01-08-2017
Consent - Intra Court Appeal - The court directed the Chief Education Officer to consider the claims of the appellant and the private respondent in light of previous Division Bench judgments and make a decision within three months.
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 claims of the private respondent and the appellant within six weeks.
Finding of the Court:
The court, with the consent of both parties, directed the Chief Education Officer to consider the claims of the appellant and the private respondent in light of previous Division Bench judgments and make a decision within three months. The order of the Single Judge was modified accordingly.
Issues: Validity of the order passed by the Single Judge, consideration of claims by the Chief Education Officer.
Ratio Decidendi: The court's decision was influenced by the previous Division Bench judgments and the consent of the parties, directing the Chief Education Officer to consider the claims of the appellant and the private respondent in light of the law laid down by the Division Bench.
Final Decision: The appeal was disposed of with a direction to the Chief Education Officer to consider the claims of the appellant and the private respondent in light of previous Division Bench judgments and make a decision within three months.
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 30.04.2015 passed by the learned Single Judge in SWP No. 537/2014, by which the writ petition preferred by respondent No. 5 has been disposed of with a direction to the official respondents to consider the claim of the private respondent No. 5 as well as appellant in light of the averments contained in the writ petition within a period of six weeks.
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. 5 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 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. 5 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
