ASHUTOSH SHARMA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner in the instant petition filed under Article 226 of the Constitution craves the indulgence of this Court for grant of the following reliefs: -

(2.) The factual matrix of the petition as propounded in the petition is that the Jammu and Kashmir State Sports Council (for short 'the Council') having its own Constitution incorporating therein Memorandum of Articles of Association and Rules and Regulations (for short 'the Articles and Rules respectively) besides other matters provide for the mode of filling up of the post of Secretary to the Council to be filled up by deputation from Govt., by an officer of the rank of Special Secretary. An information in regard to above is stated to have been obtained by one Mr. Gagan Kohli through RTI furnished by the Public Information officer/Administrative Officer of the Council vide information dtd. 4/8/2022.

(3.) The respondent no. 1 is stated to have issued Government order No. 93-JK (GAD) of 2021 dtd. 31/1/2021, posting, upon transfer the respondent no 2 herein as Secretary to the Council. The posting of the respondent no. 2 herein as Secretary to the Council is being alleged to be illegal owing to the reason that the respondent no 2 is not holding the post of Special Secretary as provided in Rules supra and thus, lacking qualification for holding the post of Secretary to the Council.