Asma Banoo v. Ut of J and K Th. Commissioner Secretary Health and Medical Education Department, Jammu and Others

ORDER

22.07.2026

¶1Learned counsel appearing on behalf of the petitioner has drawn the attention of this Court to the order dated 15.07.2026 passed by this Court in WP(C) No. 2124/2026, the facts of which are similar to the instant petition. The only distinguishable factor which has been projected by the learned counsel appearing for the petitioner is that the petitioner has already filed representation, which till date, has not been accorded due consideration.

¶2Learned counsel for the petitioner submits that the petitioner had already filed representation before the respondent No. 4 on 14.07.2026, which has been placed as 'Annexure-X'. Since the said representation has, till date, not been accorded due Sr. No. 168

consideration, the petitioner, feeling aggrieved, has approached this by way of instant petition.

¶3After arguing for a while, learned counsel for the petitioner submits that she would be satisfied if the instant petition is disposed of by issuing a direction to respondent No. 4 to decide the said representation within a reasonable period, if the same has not been decided.

¶4Mr. Raman Sharma, learned AAG, who has waived notice on behalf of the respondents, on the asking of this Court, is not averse to such a course, provided the same is directed to be decided strictly under the rule and as per law.

¶5This Court, in the peculiar facts and circumstance of the case deems it proper to dispose of the writ petition at the threshold by directing respondent No. 4 to decide the representation alleged to have been filed by the petitioner, in case the same has not been accorded due consideration as on date.

¶6The petitioner is also directed to provide a copy of the writ petition as well as annexures along with a certified copy of this order to respondent No. 4 within a period of four days. Respondent No. 4 shall decide the said representation, if pending, within a period of two weeks thereafter, till then the position as exists today shall not be disturbed.

¶7This interim protection shall operate only in the event that no decision on the said representation has been taken by the respondents till date. However, if a decision has already been taken

then the petitioner will be at liberty to work out her remedy challenging the aforesaid decision if the said decision is against the petitioner.

¶8In the aforesaid backdrop, the instant petition is disposed of in the manner as indicated above along with all connected applications. (WASIM SADIQ NARGAL) JUDGE JAMMU

22.07.2026 Sneha Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No

W HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Date of pronouncement: 22.07.2026 Date of uploading: 23.02.2026 Asma Banoo …..Petitioner Through :- Ms. Damini Singh Chauhan, Advocate & Mr. Arif Wani, Advocate vice Mr. D. S. Chauhan, Sr. Advocate v/s UT of J&K & Ors. .....Respondents Through :- CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE