IMPORTANT POINT : Observance of doctrine of amity and comity of Courts is a part of Judicial Decorum.

Judgment

Javed Iqbal Wani, J.—The instant appeal is preferred by the appellant against judgment dated 06.04.2022 (hereinafter referred to impugned order) passed in SWP No. 2130/2013 captioned as “Ruqaya Tasleem Vs. State and Ors”.

2. Before adverting to the issues involved in the instant appeal, brief facts emerging therefrom are delineated as under:—

• In the year 2004, an advertisement notice was issued by the School Education Department for engagement of Rehbar-i-taleem (ReT) under SSA scheme in a school in Mehdi Colony, Wahdatpora, Budgam, situated in ward No. 4 of the Municipal Committee, Budgam.

• The appellant herein applied for consideration against the said post of ReT as also respondent No. 1 claiming to be residents of said ward No. 4.

• A dispute arose between the appellant herein and the respondent No. 4 herein about the place of residence of respondent No. 1 herein landing before the Chief Education Officer (respondent No. 4-herein) which finally resulted into drawing of a conclusion by respondent No. 4 that the respondent No. 1 is not the resident of ward No. 4, as such, not entitled to the consideration and issuance of a consequential order of appointment in favour of the appellant being order dated 11.08.2005.

• The respondent No. 1, dissatisfied with the decision of the respondent No. 4, questioned the engagement order of the appellant herein in SWP No. 864/2005 before this Court with the following reliefs:—

1. By issuance of a writ of certiorari or any other appropriate writ order or direction, the impugned order no. CEOB/plg/3597-99 dated 11.08.2005 be quashed and

2. By issuance of a writ of mandamus or any other appropriate with, order or direction, respondents be directed to appoint the petitioner to the post of RT teaching guide for Primary School Mehdi Colony, Wahdatpora ward no. 4, District Budgam and to give her all the consequential benefits of her engagement as such with effect from the date it has been granted to the candidates who figured at serial no.2 in the list of candidates approved for appointment/engagement for Primary School Mehdi Colony, Wahdatpora, Ward No. 4. Budgam.

• During the pendency of the said petition this Court in terms of order dated 18.04.2013, while taking note of the rival claims of the appellant herein as also of the respondent No. 1, in the writ petition directed holding of an enquiry by the Assistant Commissioner, Budgam being respondent No. 8 herein for ascertaining the actual place of residence of respondent No. 1 herein.

• The respondent No. 8 herein after holding said enquiry filed a report before this Court indicating therein that the petitioner’s (respondent No. 1 herein) actual residence is found in ward No. 3 of Municipal Committee, Budgam.

• In pursuance to the said report of respondent No. 8, the writ petition of the petitioner-respondent No. 1 herein came to be dismissed with the observation “however, petitioner, if so advised, is at liberty to question the enquiry report before the appropriate forum.”

• The respondent No. 1 herein chose to question the said report in SWP No. 2130/2013, whereunder the instant appeal has arisen, inter alia, praying therein following reliefs:—

i. By issuance of writ of certiorari or any other appropriate writ, the impugned order (inquiry report Annexure-Z/7) be quashed and consequently the appointment Order No. CEOB/Plg/3579-99 dated 11.08.2005 passed by the Chief Education Officer, Budgam (Annexure-S) be also quashed and appropriate order be passed whereby the grievance of the petitioner would get redressed with a view to get her appointed as RT in Government Primary School, Mehdi Colony, Wahadatpora-Budgam in accordance with the provisions governing such appointment.

ii. Appropriate direction, writ be issued prohibiting the official respondents not to release benefits in favour of the respondent No.8 which she is likely to draw on the basis of inquiry report/out of fraudulent documents.

• The said petition was filed, inter alia, on the grou