Jammu and Kashmir High CourtAdministrative and Public LawCivil Procedure and Evidence

J&K HC Dismisses Aaya’s Fresh Bid To Resume School Duties, Leaves Her To Pursue Pending Contempt Case

SHANAZA BANOOv.UT OF J AND K TH. COMMISSIONER SECRETARY, SCHOOL EDUCATION DEPARTMENT, JAMMU AND OTHERS

J&K HC Dismisses Aaya’s Fresh Bid To Resume School Duties, Leaves Her To Pursue Pending Contempt Case. SHANAZA BANOO vs UT OF J AND K TH. COMMISSIONER SECRETARY, SCHOOL EDUCATION DEPARTMENT, JAMMU AND OTHERS. Jammu and Kashmir High Court. LawLens
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In brief

The question

Whether the petitioner could obtain, through a fresh writ petition, a direction to perform duties when an earlier writ petition had already resulted in a direction concerning the status of her engagement

The court held

The Court dismissed the writ petition, holding that entertaining it would cause impermissible multiplicity of proceedings.

It also directed

It left the petitioner at liberty to pursue the pending contempt proceedings against the official respondents

01Facts

The petitioner sought permission to perform duties as an Aaya under an engagement order dated 30 June 2025.

¶ 4–7, 9

Following a dispute over the selection and the engagement of respondent No. 6, the petitioner had earlier filed WP(C) No. 1335/2026.

¶ 4–7, 9

On 15 May 2026, the High Court directed respondent No. 5 to hear the petitioner and respondent No. 6 and issue a reasoned order determining the status of the petitioner’s selection-cum-engagement.

¶ 4–7, 9

The petitioner alleged non-compliance and filed a pending contempt petition, CCP(S) No. 202/2026.

¶ 4–7, 9

She then brought the present petition seeking a direction to be allowed to perform the Aaya duties

¶ 4–7, 9

02Issues

i.Whether the petitioner could obtain, through a fresh writ petition, a direction to perform duties when an earlier writ petition had already resulted in a direction concerning the status of her engagement

¶ 9–11

ii.Whether entertaining the fresh petition would amount to impermissible multiplicity of proceedings while contempt proceedings concerning non-compliance with the earlier direction remained pending

¶ 10–12

03Law Applied

The Court applied the principle that a party should not multiply proceedings by seeking the same relief on the same cause of action when a competent court has already issued a direction addressing the claim.

¶ 10–12

Where the alleged grievance is non-compliance with that direction, the appropriate course is to pursue the existing enforcement or contempt proceedings rather than seek a duplicative writ

¶ 10–12

No statute or precedent was cited.

¶ 10–12

04Reasoning

The earlier order had already required respondent No. 5 to determine, by a reasoned order after hearing the affected parties, the status and fate of the petitioner’s engagement.

¶ 9–11

Because the present petition sought a direction to permit her to perform the same duties, the Court considered the relief duplicative.

¶ 9–11

The petitioner also had a contempt petition pending to address the alleged failure to comply with the earlier order; the Court therefore saw no need to issue another similar direction

¶ 9–11

05Holding

The Court dismissed the writ petition, holding that entertaining it would cause impermissible multiplicity of proceedings.

¶ 12

It left the petitioner at liberty to pursue the pending contempt proceedings against the official respondents

¶ 12
Jammu and Kashmir High Court

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SHANAZA BANOOvsUT OF J AND K TH. COMMISSIONER SECRETARY, SCHOOL EDUCATION DEPARTMENT, JAMMU AND OTHERS

Jammu and Kashmir High Court · October 23, 2026

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