logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 SC 111 print Preview print Next print
Court : Supreme Court of India
Case No : Petition(s) for Special Leave to Appeal (C) No(s). 12210 of 2023
Judges: THE HONOURABLE MR. JUSTICE J.K. MAHESHWARI & THE HONOURABLE MR. JUSTICE ATUL S. CHANDURKAR
Parties : Union Territory of Jammu And Kashmir & Others Versus Saba Wani
Appearing Advocates : For the Petitioners: ------- For the Respondent: ------
Date of Judgment : 13-01-2026
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules Mentioned:
- None

2. Catch Words:
Not mentioned.

3. Summary:
The court heard counsel and examined the Notification Policy dated 16‑11‑2018, focusing on Clauses (ii) and (iii). It sought clarification on the number of selections and advertisements governed by specific clauses, the appointment status of persons on the select panels, and the purpose behind notifying those clauses. The court directed that all relevant documents be filed through an additional affidavit by an officer not below the rank of Secretary. The State counsel was instructed to submit case‑wise details of pending selections and appointed persons. The matter was listed for further hearing on 03‑02‑2026 after miscellaneous matters.

4. Conclusion:
Petition Allowed
Judgment :-

1. We have heard Mr. K.M. Natraj, learned Additional Solicitor General for some time. After hearing and on perusal of the Notification Policy dated 16.11.2018 in particular Clauses (ii) and (iii) thereof and the directions as issued by the High Court, however, to analyze the issue in right earnest, it is necessary that in furtherance to a policy decision, it is to be clarified that :

                   (i) How many selections in furtherance to the advertisement which is under challenge before the High Court are governed by Clause (i) of the policy?

                   (ii) How many advertisements and the select panels which are under challenge are governed by Clause (ii)?

                   (iii) In reference to question No.(ii) above, it be explained that out of those select panels, how many persons have been appointed by the State Government implementing the said select list in part and how many still to be appointed to which the judgment may or may not be applicable in the facts of the case.

                   (iv) It be explained that what was the purpose behind notifying clauses (ii) and (iii) of the Policy dated 16.11.2018 as referred in the counter affidavit filed before the High Court and the grounds taken in this special leave petitions.

                   (v) While explaining the aforesaid, it be explained in the affidavit that at the time of issuance of the policy dated 16.11.2018, what was the stage of process of selection in furtherance to the individual advertisements.

2. All the said relevant documents are necessary. They be filed by way of additional affidavit of the competent officer not below the rank of the Secretary. The learned State counsel shall file the case wise details of the facts, pending selection list and the persons appointed for assistance of this Court on the next date of listing.

3. List on 03.02.2026 immediately after the fresh miscellaneous matters.

 
  CDJLawJournal