STATE OF JAMMU AND KASHMIR Vs. SURAJ SINGH

JUDGEMENT

(1.) In this Intra-court Appeal, the appellants have assailed the validity of order dated 05.10.2016, passed by the learned single Judge.

(2.) The facts giving rise to the filing of this appeal briefly stated are that admittedly the respondent, who is a Practicing Lawyer, suffers from visual disability to the extent of 100%. He has no accommodation in Jammu. The respondent on 01.09.2012 submitted a representation to the Chief Minister for allotment of accommodation under 5% discretionary quota as per J. & K. Estates Department (Allotment of Government Accommodation) Regulations, 2004 (hereinafter referred to as the Regulations). However, the representation submitted by the respondent failed to evoke any response. Thereafter, the respondent filed OWP No. 1401/2012, which was disposed of with a direction to the appellants herein to accord consideration to the representation of the respondent. However, vide order dated 21.10.2013, the representation submitted by the respondent was rejected on the ground that there is no provision under the Regulations for providing accommodation to a person suffering from disability.

(3.) Thereupon, the respondent filed another writ petition, namely, OWP No. 857/2016, which was decided vide order dated 05.10.2016 and the impugned order dated 21.10.2013 was quashed. The learned single Judge inter alia held that the word used in Regulation 3(e) of the regulations are inclusive and since the order has been passed by the Director Estates, therefore, the order is coram-non-judice. Accordingly, the appellants herein were directed to place the case of the respondent before the Minister Estates, Government of J. & K., for taking a decision in accordance with the Rules and Regulations in the light of interpretation of order passed by the learned single Judge. In the aforesaid factual background, the appellants have approached this Court.