Excelsior Correspondent
JAMMU, Jan 4: State High Court has directed the State to implement the interim order of Supreme Court in the SLP filed by Prof Nutan K Resutra in letter and spirit. However, it has declined to stay the SRO whereby Secretary School Education was given the additional charge of the post of Chairman of State Board of School Education.
The direction for implementation of Supreme Court order in letter and spirit was issued in a writ petition filed by Prof Resutra seeking quashing of notification dated December 16 issued vide SRO 532 whereby his appointment as Chairman of BOSE was kept in abeyance.
Through this petition, Prof Resutra also sought quashing of Government Order No.819 dated December 16, 2014 whereby in pursuance to the directions of Division Bench dated December 11, 2014 Secretary School Education Department, Nirmal Sharma was given the additional charge of the post of Chairman BOSE.
After hearing the arguments of Senior Advocate B S Slathia with Advocates Rahul Pant and Meenakshi Slathia appearing for the petitioner, Justice Mohammad Yaqoor Mir, in the open court, observed, “the relief sought by the petitioner cannot be granted by this court as Supreme Court is seized of the matter”, adding “for any sort of clarification the petitioner should approach the Apex Court”.
However, on the insistence of counsels for the petitioner, Justice Mir directed the State to implement the order of the Supreme Court in letter and spirit and directed the Registry to list the writ petition during vacations for further consideration.
It is pertinent to mention here that before the Supreme Court stayed the order of the Division Bench in the SLP filed by Prof Resutra, the State Government had implemented one part of the DB’s direction vis-à-vis keeping in abeyance the SRO appointing Prof Resutra as Chairman of BOSE.
Meanwhile, School Education Department in consultation with the Law Department has decided to contest the case before the Supreme Court.
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