Rajay Kumar v. Ut of J and K Th. Commissioner Secretary, School Education Department, Jammu and Others

ORDER

04.08.2026

¶1Mr. P. N. Bhat, learned Sr. Advocate appearing on behalf of the petitioner submits that the name of the petitioner figured in the select panel and he was the only candidate who figured in the select panel having the qualification as M. LIB and M. ED, and the figuring of the petitioner in the select panel has also been certified by virtue of a communication issued by Zonal Education Officer, Chowki Chora to the CEO dated

06.07.2026, which have been placed on record as Annexure-IV in the instant petition.

¶2Mr. P. N. Bhat, learned Sr. Advocate after arguing for a while submits that he would be satisfied that in case if the instant petition is disposed of at this stage in the light of the law laid down by the Hon'ble Apex Court in the case titled "Union Territory of Jammu and Kashmir and ors. Vs. Saba Wani" within some reasonable period to which the learned counsel, who has waived notice on behalf of the respondents appearing vice Mr. Raman Sharma, learned AAG, is not averse provided WP (C) No. 2419/2026

the case of the petitioner is covered by the said judgment and the direction is issued to accord consideration strictly under rule and as per law.

¶3Since an innocuous prayer has been made, this Court is deems it proper to dispose of the instant petition at the very threshold by directing the respondent Nos. 2 to 4 to accord consideration to the case of the petitioner strictly in the light of the Judgment passed by the Hon'ble Apex Court in case titled 'Union Territory of Jammu and Kashmir and ors. Vs. Saba Wani; 2026 INSC 439 and also in accordance with the rules and as per the law within a period of four weeks from the date copy of this order along with the writ petition and its annexures are made available to the said respondent.

¶4While according consideration, the factum of the petitioner figuring in the select panel be also accorded due consideration and in case if the respondents intend to hear the petitioner, an opportunity of being heard be also provided to the petitioner before the passing the order of consideration and in that eventuality, the petitioner will be at liberty to produce the relevant record if required in addition to the record which has been placed on record with the instant petition. The order of consideration which is likely to be passed be forwarded to the petitioner through registered post.

¶5The writ petition is disposed of in the manner indicated above.

(WASIM SADIQ NARGAL) JUDGE

Jammu

04.08.2026 Mahavir

Sr. No. 241 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2419/2026 CM No. 5248/2026 Rajay Kumar …. Petitioner/Appellant(s) Through:- Mr. P. N. Bhat, Sr. Advocate with Ms. Urvashi Kichloo, Advocate V/s UT of J&K and others …..Respondent(s) Through:- Ms. Saliqa Sheikh, Assisting Counsel vice Mr. Raman Sharma, AAG CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE