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Judgment
While, we had devoted more than six hours for hearing the instant writ petition for three days i.e. on 17.02.2023, 01.03.2023 and today, a request was made by the learned counsel appearing on behalf the Respondents 1 and 2 to file the response, as such, the Writ Petition is admitted for final hearing.
Issue post admission notice.
Notice waived by Mr. Ilyas Laway, learned GA on behalf of Respondent No. 1, Mr. Rais-ud-Din Ganaie, learned Dy. AG on behalf of Respondent No. 2, Mr. Ab. Rashid Malik, learned Sr. AAG on behalf of Respondent No. 3 and Mr. Mir Suhail, learned advocate for the private respondents.
As the request for filing the objections to the writ petition was made by the learned counsel appearing for the Respondents 1 and 2 at the very late stage when we had almost concluded the hearing, so we grant four days’ time to the Respondents 1 and 2 to file the Counter Affidavit, failing which Commissioner Secretary, PWD Srinagar and Commissioner/Secretary Jal Shaki Department, shall remain present in person before the Court. While filing the response, the Respondents 1 and 2 shall specifically reply the averments made in Para 5.6 of the OA regarding the appointment made to the post of Draftsman vis-à-vis the candidates having the qualification of three years diploma in Civil Engineering.
Mr. Ab. Rashid Malik, learned Sr. AAG submits that he does not want to file the Counter Affidavit, as he had filed the response before the Central Administrative Tribunal, Srinagar and same be treated as counter to the writ petition. Ordered accordingly.
Mr. Mir Suhail, learned counsel appearing for the private respondents submits that the reply filed by the private respondents in their writ petitionbe treated as Counter Affidavit to the present writ petition. Ordered accordingly.
List on 07.03.2023.
In the meantime, Mr. Ilyas Laway, learned GA shall produce the appointment order of Mr. Umar Farooq along with his qualifications. Mr. Ab. Rashid Malik, learned Sr. AAG shall produce the record of all the candidates who had applied for appointment to the post of Draftsman, having qualification of two years diploma in Draftsman.
Mr. Abinav Sharma, learned senior counsel for the petitioners is permitted to appear through virtual mode on the next date of hearing.
Registry to provide a copy of this order to the appearing counsel for the parties.