Jammu and kashmir High Court Weekly Roundup October 2 - October 8, 2023

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:

Jammu & Kashmir High Court Dismisses Plea By Civil Judge Aspirants Seeking Relaxation Of Upper Age Limit

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.

Degrees Issued By Private Universities Not Recognised By UGC Invalid For Govt Jobs: Jammu & Kashmir High Court Reiterates

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.

Jammu & Kashmir High Court Refuses To Postpone Civil Judge Exam, Says Candidates Expected To Be Prepared

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.

Jammu & Kashmir High Court Grants Relief To Islamic Cleric Detained Based On FIR Which Concluded In Acquittal

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:

[Child Abuse] Jammu & Kashmir HC Seeks Govt's Stand On Suggestion To Mandate Sex Education In Schools, Establish One-Stop Complaint Centres

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.