MAHARAJ KRISHAN BHATT AND ANR. versus STATE OF J & K AND ORS.

MAHARAJ KRISHAN BHATT AND ANR. versus STATE OF J & K AND ORS.

The Single Judge's order granting relief to appellants, in parity with Abdul Rashid Rather, was legal, fair, and justified as no distinguishing features existed; Division Bench's refusal to follow prior confirmed judgments was erroneous, requiring restoration of the Single Judge's directions for appointment and...

Source-derived case information.

Parties
Appellant: Maharaj Krishan Bhatt; Respondent: State of Jammu & Kashmir
Jurisdiction
India
Judgment Date
01 August 2008
Procedural Posture
Civil Appeal / Final Decision on Appeal Against Division Bench Judgment and Review Order
Outcome
Appeals allowed
Legal Topics
Appointment, Direct Recruitment, Relaxation of Regulation, Equality Before Law
Service Law Appointment Direct Recruitment Relaxation of Regulation Equality Before Law

Source-derived case record

Summary, issues, holding and outcome

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Parties

Maharaj Krishan Bhatt

Appellant

State of Jammu & Kashmir

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal Against Division Bench Judgment and Review Order

Legal Issues

  1. 1 Whether appellants are entitled to appointment to the post of Sub-Inspector of Police by relaxing Regulation 174 of Jammu & Kashmir Police Manual under 50% direct recruitment quota, in parity with another constable whose similar case was allowed
  2. 2 Whether denial of relief by Division Bench was justified despite prior similar Supreme Court and High Court orders

Ratio Decidendi

The Single Judge's order granting relief to appellants, in parity with Abdul Rashid Rather, was legal, fair, and justified as no distinguishing features existed; Division Bench's refusal to follow prior confirmed judgments was erroneous, requiring restoration of the Single Judge's directions for appointment and consequential benefits.

Court Disposition

Appeals allowed

Orders

  • Judgment and order of Division Bench in Letters Patent Appeal and Review Petition are set aside.
  • Order of Single Judge in SWP No. 3735 of 1997 is restored.