Jammu and Kashmir High Court
LPA/198/2026 of ASFER HUSSAIN Vs UT OF J AND K TH. COMMISSIONER SECRETARY EDUCATION DEPARTMENT, JAMMU AND OTHERS on 21 September 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 198/2026 in SWP No. 1950/2009 Asfer Hussain .....Applicant(s)/Petitioner(s) Through :- Mr. Achal Sharma, Advocate v/s UT of J&K and Others .....Respondent(s) Through :- Mr. Raman Sharma, AAG with Ms. Jagmeet Kour, Advocate Mr. M.A Goni,
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
LPA No. 198/2026 in
SWP No. 1950/2009
Asfer Hussain
.....Applicant(s)/Petitioner(s)
Through :- Mr. Achal Sharma, Advocate
v/s
UT of J&K and Others
.....Respondent(s)
Through :- Mr. Raman Sharma, AAG with
Ms. Jagmeet Kour, Advocate
Mr. M.A Goni, Sr. Advocate with
Mr. S. Tanzeel Illahi, Advocate
Ms. Meenakshi Slathia, Dy. AG
CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
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ORDER
21.09.2026
1. Impugned in this intra-Court appeal is an order dated 20.08.2026 passed by the learned Single Judge [“the Writ Court”] in SWP No. 1950/2009 titled “Asfer Hussain Vs. State of J&K and Others”, whereby the Writ Court has dismissed the petition of the appellant having been rendered infructuous in view of the judgment of Hon’ble Supreme Court in the case of “Union Territory of J&K and Others vs. Saba Wani” decided on 30.04.2026.
2. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that having regard to the nature of controversy involved, the judgment rendered by the Supreme Court in Saba Wani’s case has no application to the case of the appellant.
Sr. No. 08
2
3. The appellant has challenged the selection and appointment of respondent no. 4 as RET which appointment was made much prior to the closure of the RET Scheme.
4. In that view of the matter the order impugned passed by the Writ Court nis not sustainable. The same is, accordingly, set aside and SWP No. 1950/2009 is restored to its original number.
5. List SWP No. 1950/2009 along with CM No. 6539/2026 seeking restoration of WP (C) No. 1479/2022 on 21.10.2026.
(Shahzad Azeem) (Sanjeev Kumar) Judge Judge
JAMMU 21.09.2026 Manik