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2020 Supreme(J&K) 529

VINOD CHATTERJI KOUL
J&K State Board of School Education – Appellant
Versus
Mir Asif Fayaz – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Mir Majid Bashir, Advocate
For the Respondent(s):Mr. Sheikh Mushtaq, Advocate

Judgment

Vinod Chatterji Koul, J.—Mir Asif Fayaz son of Fayaz Ahmad Mir resident of Avengund Tehsil and District Pulwama – respondent no.1 herein, had filed a Suit for Declaration and Mandatory Injunction before the court of Sub Judge (Special Mobile Magistrate) Pulwama (for short “Trial Court”), to declare decision, taken on his representation by J&K Board of School Education/defendants - petitioners herein, issued vide communication no.1602(Certs-Cers-1) B/2010 dated 13.12.2010, as inoperative, ineffective and null and void and also direct petitioner-Board, to carry necessary correction in the relevant records, showing plaintiff/ respondent no.1, as son of Fayaz Ahamd Mir instead of Ali Muhammad Mir. By judgement and decree dated 2nd July 2015, allowing suit of respondent no.1, the Trial Court directed petitioner-Board to carry necessary correction in the records showing father’s name of plaintiff/respondent no.1 as Fayaz Ahmad Mir instead of Ali Muhammad Mir and in this regard issue necessary certificate.

2. Petitioner Board preferred an Appeal against Trial Court judgement and decree before the court of Principal District Judge, Pulwama (hereinafter referred to as “Appellate Co

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