Jammu and Kashmir and Ladakh High CourtWeekly Roundup October 2 - October 8, 2023 Nominal Index:Mridulla Kirti Vs High Court of J&K 2023 LiveLaw (JKL) 256MAQSOOD AHMAD SHOOSHA Vs. STATE OF J&K &OTHERS 2023 LiveLaw (JKL) 257Kirti Mridulla Vs J&K High Court 2023 LiveLaw (JKL) 258Abdul Majeed Dar alias Madnee Vs UT of Jammu and Kashmir & others 2023 LiveLaw...
Jammu and Kashmir and Ladakh High Court
Weekly Roundup
October 2 - October 8, 2023
Nominal Index:
Mridulla Kirti Vs High Court of J&K 2023 LiveLaw (JKL) 256
MAQSOOD AHMAD SHOOSHA Vs. STATE OF J&K &OTHERS 2023 LiveLaw (JKL) 257
Kirti Mridulla Vs J&K High Court 2023 LiveLaw (JKL) 258
Abdul Majeed Dar alias Madnee Vs UT of Jammu and Kashmir & others 2023 LiveLaw (JKL) 259
Judgments/Orders:
Case Title: Mridulla Kirti Vs High Court of J&K
Citation: 2023 LiveLaw (JKL) 256
The Jammu and Kashmir High Court dismissed a petition filed by a group of candidates seeking age relaxation for the Kashmir Civil Service (KCS) Judicial Examinations.
The court said that while participating in the recruitment process, a candidate must possess the prescribed eligibility and unless there is any express provision to the contrary, there cannot be any relaxation in the requisite eligibility criteria.
Case Title: MAQSOOD AHMAD SHOOSHA Vs. STATE OF J&K &OTHERS
Citation: 2023 LiveLaw (JKL) 257
The Jammu & Kashmir High Court reiterated that a degree issued by a private university through a study centre or off-campus centre that lacks prior approval from the UGC is invalid and cannot be utilised to secure employment within the Government sector.
Justice Sanjay Dhar added that when the petitioner himself was not eligible to be selected, he could not challenge the selection of others who appeared to have obtained their diplomas from recognised institutions.
Case Title: Kirti Mridulla Vs J&K High Court
Citation: 2023 LiveLaw (JKL) 258
Dismissing a fresh plea seeking deferment of the Civil Judge Exam for more preparation time to aspirants, the Jammu and Kashmir and Ladakh High Court said that once the candidate is ready to apply for any particular post, he cannot claim a specific period for preparation as he is supposed to be prepared.
“The discretion of the Commission to conduct the examination cannot be normally interfered with by the court unless the Court is of the view that the time period has been scheduled with some malafide purpose or extraneous reasons which of course is conspicuous by absence in the present petition. No such plea is raised”, the court said.
Case Title: Abdul Majeed Dar alias Madnee Vs UT of Jammu and Kashmir & others
Citation: 2023 LiveLaw (JKL) 259
The Jammu & Kashmir and Ladakh High Court quashed the detention order passed against Abdul Majeed Dar, a prominent Islamic cleric popularly known as AL Madnee.
Noting that the detaining authority had failed to express any compelling reason for the detention, the bench observed impugned detention order against the detenu and in fact has failed to express any compelling reason thereof. The impugned order, thus, in law, does not sustain on this count alone.
News Updates:
The Jammu and Kashmir High Court sought government's stand on a series of recommendations put forth by lawyer-activist Meenu Padha in an ongoing suo moto case concerning protection of children from abuse and exploitation in the Union Territory.
The recommendations include a suggestion to mandatorily include sex education in school curriculum and to establish one-stop complaint centres to report child abuse.