MCC 4/2019

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Suppl.1st

S.No.01

HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

MCC 4/2019

Date of Order: 07.03.2019

Aijaz Ahmad Malik and Ors v. State of J&K and Ors

Coram:

Hon’ble Mr Justice Sanjeev Kumar, Judge

Hon’ble Mr. Sanjay Kumar Gupta, Judge

Appearance:

For the Applicant(s)/Appellant(s): Mr.Asif Ahmad Bhat, Advocate

For the Respondent(s):None

MCC 4/2019:

Applicants are seeking leave to file an appeal against the order dated

03.12.2018 being an aggrieved party. Same is allowed for the reasons stated in

the application. MCC 4/2019 is disposed of.

Registry to diarise the condonation of delay application.

COD No.________

COD is taken on board. For the reasons stated in the application, same is

allowed. Delay of 23 days in filing the appeal is condoned. COD application is

disposed of.

Registry to diarise the appeal.

LPA No.________

This appeal is directed against the order dated 03.12.2018 passed in SWP

No.2741/2018, whereby the writ court, while issuing notice, has directed that

the result of selection shall not be declared till next date before the Bench.

On the face of it, the order impugned is ad interim ex parte order and,

therefore, not assailable under clause 12 of Letters Patent Appeal. The

grievance of the appellants, however, is that the aforesaid order is adversely

affecting them and same has been passed without affording them opportunity of

MCC 4/2019

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being heard. Learned counsel states that the writ petitioners were well aware

that the appellants herein are likely to be selected, yet they chose not to implead

them as party in the writ petition.

Having heard learned counsel for the appellants and perused the record,

we are of the view that the Letters Patent Appeal against ad interim ex parte

order, which is subject to objections by aggrieved party, is not maintainable.

However, keeping in view the fact that the appellants who have participated in

the selection and have, therefore, vital interest in the outcome of the writ

petition in which a challenge is thrown to the selection, they are proper party, if

not the necessary party.

For the foregoing reasons, we dispose of this appeal by providing that the

appellants herein shall be deemed to have been impleaded as party respondents

in the writ petition. Registry to update the cause title of the writ petition

accordingly. The appellants, who are impleaded as respondents in the writ

petition, shall be free to file their objections/reply before the writ court and

contest the petition.

(Sanjay Gupta) (Sanjeev Kumar)

Judge Judge

Srinagar

07.03.2019

Sarveeda

SARVEEDA NISSAR

2019.03.14 12:58

I attest to the accuracy and

integrity of this document