Ut of J and K Th. Commissioner Secretary to Government Home Department, Jammu and Others Vs Deepak Sharma and Others — J&K HC (2025) — LawSathi Research

Ut of J and K Th. Commissioner Secretary to Government Home Department, Jammu and Others Vs Deepak Sharma and Others — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the statement of learned counsel for the appellants, enabling the appellants to pursue their pending modification application before the Writ Court; the Court recorded its expectation that the learned Single Judge decide the lis as expeditiously as possible. No merits adjudication and no time-bound direction.

Issue for consideration

Whether the appeal against the Single Judge's provisional order dated 29.11.2024 ought to be disposed of so as to enable the appellants to pursue the matter before the Writ Court. +2 more

Court's answer

In terms of the statement made by learned counsel for the appellants, the appeal is disposed of, enabling the appellants to pursue the matter before the Writ Court.

Key takeaways

The Court expressed its expectation that the learned Single Judge would make every possible endeavor to try and decide the matter as expeditiously as possible; no time-bound direction was actually issued.obiter¶21
Ex facie, the order under challenge is provisional in nature and subject to the final decision of the writ petition.obiter¶17

Detailed headnote1 paragraphs

LPA 249/2024 (UT of J&K v. Deepak Sharma and others): Division Bench (Chief Justice Arun Palli and Justice Rajnesh Oswal) disposed of the Letters Patent Appeal challenging the learned Single Judge's interim order dated 29.11.2024, which had directed the appellants to consider the respondents' candidature and permitted them to take the Constable recruitment examination scheduled for 01.12.2024. The respondents appeared in the examination pursuant to that order but results remain undeclared; over six months had elapsed, pleadings in the writ petition were complete, and the matter stood posted for 20.08.2025, while the appellants' application dated 30.06.2025 for modification of the interim order was pending before the Writ Court. Observing that the challenged order was ex facie provisional, the Bench disposed of the appeal in terms of the statement of learned Senior AAG so the appellants could pursue the matter before the Writ Court, expressing the expectation that the Single Judge decide the lis as expeditiously as possible (order dated 08.07.2025).

Sr. No. 1

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

(Through VC)

LPA 249/2024

UT OF J AND K TH. COMMISSIONER …Petitioner(s)/appellant(s) SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS

Through: Ms. Monika Kohli, Sr. AAG

Vs.

DEEPAK SHARMA AND OTHERS

...Respondent(s)

Through:

CORAM:

HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

O R D E R 08-07-2025

Vide impugned order dated 29.11.2024, the learned Single Judge had directed the appellants to consider the candidature of the respondents (petitioners in the writ petition) and they were permitted to take the examination that was scheduled for 01.12.2024, for selection to the post of Constable.

Apparently, over 6 months have gone by post order dated 29.11.2024 (ibid).

Upon being pointedly asked, learned counsel for the appellants concedes that pursuant to the impugned order the private respondents appeared in the examination. Though their results have not been declared. She submits that during the pendency of the present appeal, the appellants have also moved an application before the Writ Court on 30.06.2025 seeking modification of the impugned order which is pending consideration.

Ex facie, the order that is being assailed is provisional in nature and subject to the final decision of the petition. We are informed that the

Junaid Ayoub
I attest to the accuracy
and authenticity of this
document

pleadings in the petition filed by the respondents are complete and the matter is now posted for 20.08.2025.

Having argued the matter at some length, learned counsel for the appellants submits that, in the given circumstances, it would rather be expedient if the appeal is disposed of to enable the appellants to pursue the matter before the Writ Court itself. However, she submits that the matter being time-sensitive and owing to the pendency of the petition, the rights/interests of the appellants are severely impaired. Accordingly, it is urged that the Writ Court be directed to decide the matter within a specified time.

In the wake of the position sketched out above, and in terms of the statement made by learned counsel for the appellants, the appeal is, accordingly, disposed of. We are sanguine that considering the rights/interests of all the stakeholders to the lis and the questions that arise for consideration, the learned Single Judge would make every possible endeavor to try and decide the matter as expeditiously as possible.

(RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE

SRINAGAR 08-07-2025

Junaid

Junaid Ayoub
I attest to the accuracy
and authenticity of this
document