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Muzaffar Hussain Attar, J.—In this application, learned Counsel for applicant seeks correction of the record of this Court as contained in
order dated 22.03.2010. Learned Counsel further submitted that because of the communication gap between him and his clients, he made
statement that matter is being prosecuted only for Petitioner No. 1 and accordingly it was ordered that petition shall stand dismissed in respect of
Petitioners 2 and 3. Learned Counsel submitted that as a matter of fact, Petitioners 1 and 3 have already been absorbed in service and petition
survives for Petitioner No. 2 only. Learned Counsel, thus, submitted that in order to do justice in the case and keep the record straight he has filed
this application with the prayer that it be ordered that the main writ petition is surviving for Petitioner No. 2 only.
Heard learned Counsel for applicant. Considered the matter.
The mistake which has crept in the order dated 22.03.2010 is not attributable to the Petitioner. This Court, being court of record, has to correct
the mistakes. When such an instance is brought to the notice of the Court, it casts duty on the Court to correct the mistake in order to keep the
record straight, as record of the High Court is being rolled in perpetuity and correct record therefore is to be maintained. This duty is traceable to
section 94 of the Constitution of J&K read with Article 215 of the Constitution of India.
In view of the submissions made by the learned Counsel for Petitioner, it becomes imperative to correct the record of this Court as reflected in
order dated 22.03.2010. Accordingly, order providing for dismissal of the writ petition so far as it pertains to Petitioner No. 2 is recalled. The
main writ petition shall survive only for Petitioner No. 2 and shall stand dismissed for Petitioners 1 and 3. Registry to update the index of the writ
petition, accordingly. CMP disposed of.
SWP No. 604/2007
Learned Counsel for Petitioner seeks and is granted week's time to take steps for effecting service upon Respondents. List thereafter.