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RAHUL BHARTI
Nalia Kousar – Appellant
Versus
State – Respondent
JUDGMENT
Rahul Bharti, J. - Heard learned counsel for the parties.
2. Vide Govt. Order no. 396 of Edu dated 28.4.2000, the Govt. of erstwhile State of Jammu and Kashmir came to introduce Rehbar-e-Taleem (in short 'R-e-T) Scheme meant for engagement and supply of teachers in middle and primary schools so as to ensure that the imparting of education in the schools located in far flung areas of the State of Jammu and Kashmir do not suffer for want of teachers. The emphasis of R-e-T Scheme was to engage educated youth with requisite qualifications of the villages in which the middle and primary schools are located so as to ensure that school of a particular village does not suffer deficit of teachers at any point of time as such the selection and engagement of the teachers under the said Scheme was also 'village specific'. The policy principle was that the location of the school and the vicinity of the candidate to be selected for the engagement as teacher for the said school must be in close proximity to each other. This scheme got further operational improvement by virtue of directions issued in matters coming before this High Court and as such in terms of Govt. Order No. 394-Edu of 20
The closure of a government scheme and the absence of deficiency in the residential status of candidates can lead to the dismissal of a challenge related to the scheme.
The court ruled that the Government's ban on ReT engagements rendered the Writ Petition infructuous, emphasizing adherence to prior court judgments regarding residency qualifications.
The main legal point established is that marrying outside the village does not disqualify a candidate for engagement as a Rehbar-e-Taleem Teacher if they continue to actually reside in the same villa....
The Rehbar-e-Taleem Scheme mandates that teacher selection is based on village residency and merit, not Panchayat affiliation.
Scheme closure does not retrospectively invalidate select panels; candidates entitled to engagement subject to acquiring NCTE qualifications including TET within 3 years/3 attempts, else termination,....
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....
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....
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.
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