Point of Law : ‘Writ of Mandamus’ is issued in favour of a person who establishes a legal right in himself.

JUDGMENT :

Magrey, J.

1. Since both these appeals, being LPA No. 183/2021; and LPA No. 185/2021, are directed against the common Order dated 14th of December, 2021 passed by the learned Single Judge in WP (C) No. 1946/2021, we propose to decide the same by medium of this Judgment hereunder.

2. The brief facts leading to the filing of these two appeals, as come to the fore from the perusal of the pleadings on record, are that the Jammu and Kashmir Board of School Education (for short ‘the Board’) issued Order No. 411-B of 2021 dated 20th of September, 2021, whereby one Ghulam Hassan Wani, Deputy Secretary (Retired), was appointed as Consultant in the Board for a period of one year from the date of his joining on the monthly consolidated remuneration of Rs.35,000/- without any allowances. Feeling aggrieved by the said Order, the Writ Petitioners/Respondents herein, claiming to be the office bearers of the Employees Association, filed a Writ Petition bearing WP(C) No. 1946/2021 before the learned Single Judge, wherein they sought quashing of the appointment of the said Ghulam Hassan Wani on the grounds detailed out in the Petition. The learned Single Judge, in terms of Order dated 14th of December, 2021, while admitting the Writ Petition to hearing, stayed the operation of the Order of appointment of the said Ghulam Hassan Wani dated 20th of September, 2021. Subsequent thereto, two appeals have been filed before this Court challenging the Order dated 14th of December, 2021 passed by the learned Single Judge: one filed by the Board bearing LPA No. 183/2021; and the other filed by the said Ghulam Hassan Wani registered as LPA No. 185/2021.

3. Today, when this matter was taken up for consideration, Mr Aijaz Ahmad Chesti, the learned Counsel for the Writ Petitioners/Respondents herein, raised a preliminary objection with regard to the maintainability of these appeals by submitting that the Order in question is interim in nature, thus, not amenable to challenge under Clause 12 of the Letters Patent. It is submitted that the Writ Petitioners have prayed for a ‘Writ of Quo Warranto’ in the Writ Petition and, therefore, they need not to satisfy the Court regarding violation of any right and can, as ordinary citizens, approach the Court for seeking relief through mandamus. The learned Counsel, in this behalf, has referred to and relied upon judgment passed by the Madhya Pradesh High Court in case titled ‘Rajender Kumar Chandanmal v. Government of State of MP & Ors.: (S) AIR 1957 Madhya Pradesh 60 (V 44 C 31 July)’.

4. Mr. M.I. Dar, the learned Counsel representing the Board/appellants in LPA No.183/2021, submitted that the impugned Order passed by the learned Single Judge amounts to grant of final relief in favour of the Writ Petitioners/Respondents herein, notwithstanding the fact that the Writ Petitioners had no locus standi to challenge the order of appointment of a retired employee as Consultant by the Board. It is further submitted that law is settled to the effect that in case an interim Order passed by the learned Single Judge has the scope of granting the final relief in favour of a party, then, in such eventuality, the said Order can become the subject matter of the jurisdiction of the Letters Patent Bench. In order to buttress his argument, the learned Counsel has referred to and relied upon the law laid down by the Division Bench of this Court in case titled ‘State of JK v. Dr. Gh. Hassan Hajini: 1997 (2) SLJ 374’, wherein the Division Bench has, while taking support from the Judgment of the Full Bench of this Court in ‘SLJ 1982 J&K: M/s Astral Trade V. M/S Haji Mohammad Shaban Dar & Ors.’, held that the interlocutory orders which decide matters of moment or affect vital and valuable rights of the parties and which work serious injustice to the party concerned would tantamount to Judgments under Letters Patent. The learned Counsel, on merits, has contended that none of the rights of the Writ Petitioners stood violated with the appoi