High CourtsSingle Bench(2020) 10 J&K CK 0010

Riyaz Ismayeel Bhat And Others vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 5 October 2020

HON’BLE JUDGES
Ali Mohammad Magrey, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous No. 4147, 4148 Of 2020, Writ Petition (C) No. 1500 Of 2020

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Judgment

15 paragraphs · 451 words

Ali Mohammad Magrey, J

CM No. 4147/2020:

By medium of the instant application, the applicants/ petitioners are seeking permission of this Court to file the accompanying petition without enclosing therewith the requisite Stamp Paper, Court fee, attestation of Affidavits, etc.

For the reasons mentioned in the application, coupled with submissions made at the Bar, this application is allowed and the applicants/ petitioners, for the time being, are permitted to file the main petition, being WP(C) No. 1500/2020; CM No. 4148/2020, without enclosing therewith the requisite Stamp Paper, Court fee, attestation of Affidavits, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicants/ petitioners, as and when the prevailing lockdown period, announced by the Government on account of outbreak of COVID-19 Pandemic, comes to an end and the Courts start functioning in the normal manner.

CM disposed of as above.

WP(C) No.1500/2020; CM No. 4148/2020:

The petitioners claim to be qualified Grade-II and Grade-III Teachers having passed their B.Ed./M.Ed./ PG courses and with experience of more than 10 years in the field. The grievance of the petitioners is that the respondents are compelling them to undergo IMPACT training course without there being any rhyme or reason, as ordered by the respondents in terms of the impugned communication dated 28th of August, 2020.

Notice in the main petition as well as in the connected CM. Notice waived by Mr N. H. Shah, learned Senior Additional

Advocate General, on behalf of the respondents. He submits that he has already prepared the objections in one of the identical petitions and will be filing the objections in this petition as well within one week.

Let the learned Senior Additional Advocate General file objections by the next date of hearing with a copy in advance to the other side.

List on 12th of October, 2020.

Meanwhile, subject to objections from the other side and till the next date of hearing before the Bench, the operation of the impugned communication dated 28th of August, 2020, shall remain in abeyance qua the petitioners.

At this stage, Mr Shah, learned Senior Additional Advocate General, submits that identical petitions involving similar questions of facts and the law are pending adjudication before this Court and same may be clubbed with this petition for decision together.

Let Mr Shah, learned Senior Additional Advocate General, give the particulars of the said petitions to the learned Registrar (Judicial) of this wing of the High Court, who shall, thereafter, take appropriate steps for clubbing those petitions with the instant petition on the next date of hearing.

Registry to forthwith send a copy of this order to Mr Shah, learned Senior Additional Advocate General, during the course of the day.