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2022 Supreme(J&K) 543

JAVED IQBAL WANI
Ashutosh Sharma – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent


Advocates appeared:
Mr. Ajay Vaid, Advocate, for the Appellant; Mr. Amit Gupta, AAG Mr. K.D.S. Kotwal, Dy.AG, Ms. Anshuja Tak, Advocate, for the Respondent

JUDGMENT

1. The petitioner in the instant petition filed under Article 226 of the Constitution craves the indulgence of this Court for grant of the following reliefs: -

    (a) Quo-Warranto with respect to Order No. 93- JK(GAD) of 2021 dated 30.01.2021 passed by the respondent no. 1 qua the respondent no. 2 and may kindly set aside the same with the respect to respondent no. 2 in the interest of justice.

    (b) Any other writ, order or direction which this Hon'ble Court deems fit and proper and in the fact and circumstances of the case may please be issued in favour of the petitioner and against the respondents.

    2. The factual matrix of the petition as propounded in the petition is that the Jammu and Kashmir State Sports Council (for short 'the Council') having its own Constitution incorporating therein Memorandum of Articles of Association and Rules and Regulations (for short 'the Articles and Rules respectively) besides other matters provide for the mode of filling up of the post of Secretary to the Council to be filled up by deputation from Govt., by an officer of the rank of Special Secretary. An information in regard to above is stated to have been obtained by one Mr. Gagan Kohli through

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