J And K Subordinate Services Selection Recruitment Board vs. Hilal Ali Bhat

ITEM NO.7 COURT NO.10 SECTION XVI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) Nos. 20781-20789/2021 (Arising out of impugned final judgment and order dated 29-10-2021 in LPASW No. 277/2015 29-10-2021 in LPASW No. 278/2016 29-10-2021 in LPASW No. 279/2016 29-10-2021 in LPASW No. 12/2016 29-10-2021 in LPASW No. 97/2016 29-10-2021 in LPASW No. 98/2016 29-10-2021 in LPASW No. 105/2016 29-10-2021 in LPASW No. 134/2016 29-10-2021 in LPASW No. 135/2016 passed by the High Court Of Jammu & Kashmir And Ladakh At Srinagar)

TAJVIR SINGH SODHI & ORS. Petitioner(s)

VERSUS THE STATE OF JAMMU AND KASHMIR & ORS. Respondent(s) (With IA No. 163171/2021 - APPLICATION FOR PERMISSION and IA No. 163174/2021 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 3739/2022 - INTERVENTION/IMPLEADMENT)

WITH

SLP(C) No. 967-975/2022 (XVI-A) (With IA No. 21848/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 161963/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 21845/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

SLP(C) No. 20790-20798/2021 (XVI-A) (With IA No. 163189/2021 - APPLICATION FOR PERMISSION and IA No. 163192/2021 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 161935/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 20799-20807/2021 (XVI-A) (With IA No. 163179/2021 - APPLICATION FOR PERMISSION and IA No. 163097/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 976/2022 (XVI-A)

(With IA No. 21789/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 5178/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 5177/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 21788/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No. 5176/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Diary No(s). 1194/2022 (XVI-A)

(With IA No. 21153/2022 - APPLICATION FOR SUBSTITUTION and IA No. 21154/2022 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. and IA No. 27663/2022 - DISPENSING WITH SERVICE OF NOTICE and IA No. 21152/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 21150/2022 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Digitally signed by Nidhi Ahuja Date: 2022.04.30 13:24:27 IST Reason: Signature Not Verified

SLP(C) No. 2642-2650/2022 (XVI-A) (With IA No. 33895/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 33893/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 33891/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 33889/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 33887/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 33885/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 53405/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 24240/2022 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 34140/2022 - EXEMPTION FROM FILING O.T. and IA No. 34139/2022 - EXEMPTION FROM FILING O.T.) SLP(C) No. 3930-3932/2022 (XVI-A) (FOR ADMISSION) SLP(C) No. 4359-4364/2022 (XVI-A) (With IA No. 35692/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 28-04-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY For parties Mr. M. Shoeb Alam, AOR Mr. Siddhant Buxy, AOR Ms. Purnima Krishna, AOR Mr. G. M. Kawoosa, Adv. Ms. Manjula Gupta, AOR Ms. Taruna Ardhendumauli Prasad, AOR Mr. Anupam Raina, AOR Ms. Beena Goyal, Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. S. K. Rajora, Adv. Mr. Akhileshwar Jha, Adv. Mr. E. Vinay Kumar, Adv. Mr. Anish Roy, Adv. Mr. Mukul Kumar, AOR Ms. S. Janani, AOR Mr. Nishant Kumar, Adv.

UPON hearing the counsel the Court made the following O R D E R

List the matters on 26th July, 2022 as second case.

Interim order will continue till the next date of hearing.

SLP(C) No. 3930-3932/2022 SLP(C) No. 4359-4364/2022

Learned counsel for the petitioner in both these cases prays that it may be permitted to effect service on the respondents by carrying out the substituted service by publication of notice in newspapers. When we asked the learned counsel for the petitioner as to whether in terms of the order issuing notice in this case, steps have been taken for effecting service in the normal and ordinary method, learned counsel does not dispute that no steps have been taken. We do not think that this is acceptable. When Court orders notice, it was incumbent upon the petitioner to take out notice in the normal and ordinary method. However, in the facts of this case, we order as follows:

The petitioner (J&K Subordinate Services Selection Recruitment Board and Chairman, J&K Services Selection Board) will take out notice as provided under the Rules. The petitioner is also permitted, in addition, to take out the notice by substituted service by publication in (a) Daily Excelsior (English daily) and Punjab Kesari (Hindi daily) having wide circulation across the Jammu region, (b) The Greater Kashmir (English daily) and the Greater Kashmir (Urdu

3

Daily) having wide circulation across the Kashmir region.

SLP Diary No. 1194/2022

List the matter for directions as first case on 02nd May, 2022.

(NIDHI AHUJA) (RENU KAPOOR)

AR-cum-PS BRANCH OFFICER