ANIL KUMAR Vs. MOHD. SHAFI HAJAM
LAWS(J&K)-2006-2-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 24,2006

ANIL KUMAR Appellant
VERSUS
Mohd. Shafi Hajam Respondents

JUDGEMENT

PERMOD KOHLI, J. - (1.) THIS is an application seeking setting aside of ex -parte order dated 24th September, 2004 passed by this Court in SWP No. 1780/2000 whereby writ petition filed by respondent No. l herein was allowed and the appointment of the applicant was quashed. It is stated in the application for setting aside that the applicant is resident of village Barshalla, and he never received any notice from the post -office either at his residence or in the school where he was serving at the relevant time; consequent upon his appointment as Rehbar -e -Taleem Teacher in the Primary School at Juddi.
(2.) ON this application being considered, record of the writ court was summoned. From interlocutory orders passed from time to time, it appears that on 24th September, 2004 applicant who was respondent No. 5 in the original writ petition was set ex -parte on the basis of deemed service of notice through registered post. The registry had noticed that the summon issued to respondent No. 5 under registered cover on 12th August, 04 has not been received back served or unserved nor anybody appeared on his behalf 'even after the expiry of 30 days.' That on the basis of this report, the applicant was set ex -parte and court proceeded to decide the writ petition on the basis of the pleadings of the appearing parties and passed the final judgment dated 3rd November, 2004. Admittedly, the applicant's appointment has been quashed and a direction was issued to consider the petitioner for appointment provided, he is not disqualified in any manner and is eligible in accordance with the Scheme. From the original record of the writ petition, it also appears that a registered notice was sent to applicant Anil Kumar, shown to be the resident of village Barshalla, Tehsil and District Doda, P.O Thatri. Neither the registered envelop nor the acknowledgement due were received back.
(3.) OBJECTIONS have been preferred against this application. Mr. M.P Gupta appearing for the contesting respondents, who was writ petitioner before the writ court has raised a preliminary objection regarding the maintainability of this application. According to him, High Court rules do not envisage setting aside of the ex -parte order or a judgment passed by a writ court. Reference is made to Rule 15(2) which provides service of notice through registered post with acknowledgement due.;


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