Jammu and Kashmir High Court
SWP/522/2019 of BABLY DEVI Vs STATE TH.EDUCATIO DEPTT.AND ORS. on 8 July 2026
OF JAMMU, KASHMIR AND LADAKH AT JAMMU SWP No. 522/2019 Babli Devi …..Appellant(s)/Petitioner(s) Through: Mr. P. N. Bhat, Sr. Adv. with Ms. Urbashi Kichloo, Adv. q vs State of J&K and others .…. Respondent(s) Through: Mr. Raman Sharma, AAG with Ms. Saleeqa Sheikh, Adv. Coram:
HIGH COURT OF JAMMU, KASHMIR AND LADAKH
AT JAMMU
SWP No. 522/2019
Babli Devi
…..Appellant(s)/Petitioner(s)
Through: Mr. P. N. Bhat, Sr. Adv. with
Ms. Urbashi Kichloo, Adv.
q
vs
State of J&K and others
.…. Respondent(s)
Through: Mr. Raman Sharma, AAG with
Ms. Saleeqa Sheikh, Adv.
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
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ORDER
08.07.2026
1. While arguing the matter, learned senior counsel appearing for the petitioner has drawn the attention of this Court towards the earlier round of litigation initiated by the petitioner by way of writ petition bearing SWP No. 2745/2013, which was disposed of vide order dated 14.03.2018, in which the respondents were directed to issue appointment order in favour of the petitioner as per her merit, subject to any legal impediment, within a period of two months from the date of receipt of a certified copy of the order passed on that day. For non compliance thereof, the petitioner had filed a contempt petition. Compliance thereof, the respondent-Chief Education Officer, Jammu has passed an order, stating therein that in view of the Division Bench of this Court in 2018 Legal Eagle 268, tilted, Tanveer Ahmad Khan and another vs State of J&K and others, any regular vacancies which were available prior to 04.08.2010 and had not been referred to the Service Selection Board, could be filled up by appointment of Rehbar- e-Taleem teaches and because in view of legal impediment in view of the judgment in Tanveer Ahmed Khan’s case (supra), the petitioner 45
SWP No. 522/2019 Page 2 of 2
could not be offered appointment. In the end, this Court had dismissed the said contempt petition filed by the petitioner by saying that it cannot be said to be a case of wilful non-compliance of order passed by this Court in SWP No. 2745/2013 dated 14.03.2018, however, given a liberty to the petitioner to avail of appropriate remedy against the order passed by the Chief Education Officer, Jammu dated 08.12.2018, if so advised.
2. The petitioner has filed the instant petition challenging order dated 08.12.2018 passed by the Chief Education Officer, Jammu and further seeking directions upon the respondent to reconsider the case of the petitioner in terms of judgment dated 14.03.2018 rendered in SWP No. 2745/2013.
3. Learned senior counsel for the petitioner submits that the petitioner would feel satisfied, in case, the claim of the petitioner is considered in terms of judgment rendered by the Supreme Court in U. T. of J&K and others vs. Saba Wani and others. Mr. Raman Sharma, learned AAG submits that the respondents would have no objection, in considering the case of the petitioner in terms of judgment(supra).
4. In view of the above, the present petition is disposed of with a direction to the respondents to consider the claim of the petitioner strictly in terms of the judgment of the Supreme Court referred above as well as order dated 14.03.2018 rendered in SWP No. 2745/2013(supra).
(RAJNESH OSWAL)
JUDGE
Jammu 08.07.2026 Rakesh PS
Rakesh Kumar 2026.07.20 14:07 I attest to the accuracy and integrity of this document Jammu