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Monday, May 20, 2024

Writ Petition Conclusion: No Stay, Future CAT Recruitment Implications

  • NEWS REPORT

In the High Court of Jammu & Kashmir and Ladakh, Srinagar

Case Details:

  • Sr. No.: 4
  • Case Type: WP (C) No. 1023/2023
  • Filing Date: 08.05.2023
  • Petitioner(s): Asif Majeed & Ors.
  • Respondent(s): Union Through Territory r. D. of C JK Raina, AG & Ors.

Legal Proceedings:

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  • The case challenges an order from the Central Administrative Tribunal, Srinagar, dated 23rd March 2023, denying certain interim relief sought by the petitioners.
  • The Tribunal’s order emphasized that the recruiting agency’s decision to cancel the selection process, taken on 31.8.2022, based on the committee’s recommendations, should not be interfered with by the Tribunal under the power of judicial review.
  • The applicants were also criticized for not challenging the decision promptly, waiting until a new examination date was declared on 1.3.2023.

Court’s Observation:

  • The court, comprising HON’BLE THE CHIEF JUSTICE and HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, noted that the matter is already before the Central Administrative Tribunal.
  • The court suggested that the CAT can examine the case, and any subsequent recruitment process initiated should be subject to the result of the CAT’s decision.

Disposition:

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  • The court disposed of the writ petition along with all connected CMs.
  • The first interim relief was rejected, and the second interim relief, seeking a stay on the order dated 1.3.2023, was deemed unnecessary as the Computer Based Examination had already been deferred.

Next Hearing:

No specific mention of the next hearing date was provided in the available information.

Official Notification 

Greater kashmir

Note: This news report is based on the information available as of 08.05.2023.

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