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SANJEEV KUMAR
Javeed Ahmad Bhat – Appellant
Versus
UT of J&K – Respondent
Judgment :
In these three writ petitions clubbed together, the petitioners are aggrieved of and have challenged Government Order No.78-Edu of 2022 dated 21.02.2022 [“the impugned order’] whereby the engagement of the petitioners as Rehbar-e-Taleems [“ReTs’] in Middle School, G.B. Langkhul Kachard Nadimarg, Kulgam, Middle School, Nagbal, Anantnag and UPS Adoora Shopian, respectively has been terminated with immediate effect. The impugned order is challenged by the petitioners in their respective petitions on variety of grounds. However, before adverting to the grounds of challenge pleaded and urged by learned counsel appearing for the petitioners, it is necessary to set out brief background, leading to the issuance of impugned order of termination of engagement of the petitioners.
2. ReT Scheme for providing teaching guides in the Schools facing deficiency of teaching staff was launched nationwide somewhere in the year 2000. The then Government of Jammu and Kashmir, vide Government Order No.396-Edu of 2000 dated 28.04.2000, issued detailed guidelines for engagement of teaching guides to be known as ReTs in different Schools of the then State. The selection process to supply the identi
: Termination from service – Respondents directed to consider cases of petitioners and pass appropriate order of relaxation of minimum age in their favour.
Age for ReT regularization reckoned at ReT appointment; long service waives objection; discriminatory denial violates Art.14.
Pre-regularization service under scheme cannot count for cadre seniority; executive orders cannot override statutory recruitment rules.
(1) Appointments to public posts should be strictly in accordance with Articles 14 and 16 of Constitution of India.(2) Construing provision relating to upper age limit as directory would be conferrin....
Qualifications for public employment must be valid as of the cut-off date, and long-term service can create an equity favoring regularization despite minor irregularities.
The court affirmed that eligibility for public employment requires meeting qualification criteria by the cut-off date, while also recognizing the principle of equity favoring long-serving employees i....
The central legal point established in the judgment is the importance of adherence to rules and regulations, the need for widespread publication of government decisions affecting government-aided sch....
The Executive cannot apply executive orders with retrospective effect to take away vested or accrued rights. The closure of the ReT Scheme was found to be in the public interest, and the impugned Gov....
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