Order judgment passed by hon'ble high court in sikh community case

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OWP no.2048/2017 Page 1 of 29
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
…
OWP no.2048/2017
IA no.01/2017
Date of order: ...

OWP no.2048/2017 Page 2 of 29
In essence, the petitioners seek mandamus to respondents to treat
them at par with Kashmiri ...

OWP no.2048/2017 Page 3 of 29
4. There can be no dispute that sufferings all these Kashmiri Migrants,
who had to leave the...

OWP no.2048/2017 Page 4 of 29
supernumerary posts created under the Prime Minister’s package
were, accordingly, filled up ...

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OWP no.2048/2017 Page 5 of 29
living in Kashmir Valley in a pathetic condition. A number of such
families living in the Va...

OWP no.2048/2017 Page 6 of 29
the respondents to consider the claim of the petitioners therein in
accordance with the rule...

OWP no.2048/2017 Page 7 of 29
India, while sanctioning the additional 3000 supernumerary posts,
had indicated that for the...

OWP no.2048/2017 Page 8 of 29
favour of Kashmiri Pandit families staying in the Valley. Referring
to some empirical data w...

OWP no.2048/2017 Page 9 of 29
cannot be said that Sikh Community, which stayed in the Valley
and did not migrate, suffered...

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OWP no.2048/2017 Page 10 of 29
11.With a view to appreciate the aforesaid formulations, it would be
necessary to briefly s...

OWP no.2048/2017 Page 11 of 29
with the fundamental rights, the Constitutional courts are
competent enough to declare it u...

OWP no.2048/2017 Page 12 of 29
arbitrariness because any action which is arbitrary would
necessarily involve the negation ...

OWP no.2048/2017 Page 13 of 29
to the State are not adequately represented in the services of the
State.
16.Initially ther...

OWP no.2048/2017 Page 14 of 29
been defined in Rule 2(d), which for facility of reference is
reproduced hereunder:
“(d) Mi...

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OWP no.2048/2017 Page 15 of 29
Minister’s Special Package for return and rehabilitation of Kashmir
Migrants are required t...

OWP no.2048/2017 Page 16 of 29
class and do not make any discrimination on any ground
whatsoever.
24.However, the amendmen...

OWP no.2048/2017 Page 17 of 29
conferring the benefit of the Prime Minister’s Package for return
and rehabilitation of Kas...

OWP no.2048/2017 Page 18 of 29
data placed on record, the respondents have pleaded that the effect
of migration in the wak...

OWP no.2048/2017 Page 19 of 29
were poverty ridden or did not have resources to move out or that
they were assured by the ...

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OWP no.2048/2017 Page 20 of 29
28.Learned Advocate General, appearing for the State, has placed
reliance on the Constituti...

OWP no.2048/2017 Page 21 of 29
appellants that the several provisions of the Act contravene Article
14 is devoid of any me...

OWP no.2048/2017 Page 22 of 29
not strike down the law out of hand only because no Classification
appears on its face or b...

OWP no.2048/2017 Page 23 of 29
respondents on the question of law involved, Mr Z. A. Shah,
learned senior counsel appearin...

OWP no.2048/2017 Page 24 of 29
territory or that the same remedies should be made available to them
irrespective of differ...

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OWP no.2048/2017 Page 25 of 29
assumption that such authority will act in an arbitrary manner in
exercising the discretion...

OWP no.2048/2017 Page 26 of 29
complex social, economic and commercial matters, decisions have
to be taken by governmental...

OWP no.2048/2017 Page 27 of 29
by the Court unless the particular provision impugned before it can
be said to suffer from ...

OWP no.2048/2017 Page 28 of 29
from time to time under the Prime Minister’s package for return
and rehabilitation of Kashm...

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sustainable in law, for the same has the effect of modifying the
Statutory Rules which is i...

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