High CourtsSingle Bench(2009) 03 J&K CK 0003

Sameena Maqbool vs State & Ors.

Jammu And Kashmir High Court · Decided on 20 March 2009 · Citation: (2009) 3 JKJ 484 : (2009) 2 SriLJ 781

HON’BLE JUDGES
J.P.Singh, J
CASE NUMBER
Service Writ Petition (SWP) No. 346 Of 2009 and CMP No. 579 Of 2009

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

13 paragraphs · 238 words
1.

Petitioner has filed this writ petition seeking quashing of the action alleged to have been initiated by respondent no.4 for engagement of

respondent no.5 as RehbareTaleem in Government Primary School, Unisoo. According to the petitioner's counsel, Shabir Ahmad Mir had earlier

been selected as RehbareTaleem, and on his substantive regular engagement as a teacher in the Education Department of the State Government,

respondent no.4 had initiated process to engage respondent no.5 against Shabir Ahmad Mir's vacancy after getting an affidavit and no objection of

Shabir Ahmad Mir for engagement of respondent No. 5 in his place, which course according to the learned counsel was impermissible and a

direction needs to be issued to respondent no.4 not to engage respondent no.5 against the available vacancy and to have resort to the process of

fresh selection.

2.

Petitioner has not placed any material on records on the basis whereof it may be said that respondent no.4 had initiated any such action as

alleged, by the petitioner. That apart, petitioner has filed this writ petition on mere apprehension that respondent no.4 was likely to engage

respondent no.5 as RehbareTaleem without inviting fresh applications.

3.

The grievance projected by the petitioner is premature and no cause can be said to have accrued to her in the absence of formal order of

engagement by respondent no.4 in favour of respondent no.5.

4.

Petitioner's writ petition being premature is, accordingly, dismissed in limine.