Jammu and Kashmir and Ladakh High Court Weekly Roundup November 13 - November 20, 2023

Nadeem Ur Rehman Vs UT of J&K 2023 LiveLaw (JKL) 284

Director, Estates Department, Jammu Vs Avtar Krishan 2023 LiveLaw (JKL) 285

Kewal Krishan Vs Financial Commissioner ACS Home Department and ors 2023 LiveLaw (JKL) 286

Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam 2023 LiveLaw (JKL) 287

DR. INSHA ABID Vs UNION OF INDIA & ORS 2023 LiveLaw (JKL) 288

Sajad Ahmad Dar v. Union Territory of Jammu & Kashmir 2023 LiveLaw (JKL) 289

Judgments/Orders:

NEET PG 2023 | Meritorious Reserved Category Candidates Entitled To Reserved Disciplines If Preferred Choice Unavailable In Open Merit: J&K High Court

Case Title: Nadeem Ur Rehman Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 284

The Jammu and Kashmir and Ladakh High Court ruled that a Meritorious Reserved Category Candidate (MRC) who secured admission in NEET-PG from the open merit category should be granted allocation to a discipline from the reserved category if their preferred choice is unavailable in the open merit category.

Highlighting the mandate of Rule 17 of the J&K Reservation Rules Justice Sanjay Dhar further clarified that the leftover discipline/stream/college in the open merit category shall thereafter be allocated to the reserved category candidate who would get selected consequent upon the reserved category candidate having been selected in open merit category.

J&K Public Premises Act | Employee's Right To Retain Govt Accommodation Limited To One Month Post-Retirement: High Court Upholds Demand Of Rent

Case Title: Director, Estates Department, Jammu Vs Avtar Krishan

Citation: 2023 LiveLaw (JKL) 285

The Jammu and Kashmir and Ladakh High Court made it clear that in terms of J&K Public Premises (Eviction of Unauthorized Occupants) Act 1988, a Govt. employee on his retirement can retain govt. accommodation for a period of one month and thereafter, he has no right whatsoever to retain the same.

Justice Wasim Sadiq Nargal observed,

“From a bare perusal of the regulations framed by the Government and also the provisions of Civil Services Regulation, it is manifestly clear that a Govt. employee on his retirement can retain govt. accommodation for a period of one month and thereafter, he has no right whatsoever to retain the same”.

Daily Diary Reports Must Contain Details Of 'Specific Activities' That Necessitated Preventive Detention: J&K High Court

Case Title: Kewal Krishan Vs Financial Commissioner ACS Home Department and ors.

Citation: 2023 LiveLaw (JKL) 286

Quashing a detention order against an individual under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, the Jammu and Kashmir and Ladakh High Court emphasised the indispensability of detailed and substantial grounds, especially in the context of Daily Diary Reports (DDRs),

Allowing a habeas corpus plea of the detenue, Justice Rajnesh Oswal said that the absence of essential details within such documents renders them insufficient to uphold the legitimacy of a preventive detention order.

Order 20 Rule 16 CPC | Not Mandatory To Pass Preliminary Decree In Every Suit For Accounts: J&K High Court

Case Title: Executive Engineer, Dal Lake Division-I Vs Mousvy Industries Budgam

Citation: 2023 LiveLaw (JKL) 287

Elucidating the application of Order 20 Rule 16 of the Civil Procedure Code (CPC), the Jammu and Kashmir and Ladakh High Court ruled that the Court is not mandated to pass a preliminary decree before a final decree in every suit for accounts. Instead, the decision depends on the unique facts and circumstances of each case, it clarified.

NEET PG - Candidates Taking Seat In 3rd Round AIQ Counselling Can't Withdraw Or Participate In Further Rounds : J&K&L High Court

Case Title: DR. INSHA ABID Vs UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (JKL) 288

Affirming the irrevocable nature of the third round of counselling under the All India Quota for NEET-PG admissions, the Jammu and Kashmir and Ladakh High Court has ruled that candidates who secure a seat in the third round of counselling under the All India Quota are prohibited from withdrawing or participating in any subsequent counselling rounds.

Spotlighting Clause 1.5 of Chapter 1 of the Information Bulletin & Counselling Scheme for NEE-PG (MD/MS/DNB/MDS) Counselling, Justice Sanjay Dhar observed,

“From a perusal of the aforesaid Clause, it is clear that once a candidate joins in 3rd round of counselling in All India Quota, he/she cannot be allowed to resign from the 3rd round and he/she cannot be allowed to participate in further rounds of counselling after joining in 3rd round of counselling of All India Quota”.

'Tendency To Detain Critics Of Govt Abuse Of Preventive Detention Law' : High Court Quashes Detention Of Kashmir Journalist

Case : Sajad Ahmad Dar v. Union Territory of Jammu & Kashmir,

Citation: 2023 LiveLaw (JKL) 289

While quashing the detention of Kashmir-based journalist Sajad Ahmad Dar, the High Court of Jammu and Kashmir and Ladakh criticised the tendency of authorities to detain persons for simply being the critics of the government, terming it as an abuse of the preventive detention law.

"Such a tendency on the part of the detaining authority to detain the critics of the policies or commissions/ omissions of the Government machinery, as in the case of the present detenu- a professional media person, in our considered opinion, is an abuse of the preventive law," the Court observed in the judgment.