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2023 Supreme(J&K) 19

SANJEEV KUMAR, MOKSHA KHAJURIA KAZMI
Ruksana Jabeen – Appellant
Versus
State of J. &K. – Respondent


Advocates Appeared:
For the Petitioners: Q.R. Shamas, M.A Wani, Sheikh Manzoor, M.Y. Bhat, Furqan Yaqub, Jahangir Iqbal Ganai, Murfad Naseem, Afab Ahmad, Mian Tufail, Arif Sikander, Bhat Fayaz Ahmad, Lone Altaf, Majid Bashir, Saqib Amin Parray, Gulzar Ahmad Bhat, Aamir Latoo, S.N. Ratanpuri.
For the Respondents: Sheikh Mushtaq.

JUDGMENT :

1. In all these petitions clubbed together, Government Order No. 919-Edu of 2018, dated 16th November 2018 [hereinafter referred to as the “impugned order”] is under challenge. The impugned order as is apparent from its reading is passed by the Government pursuant to State Administrative Council decision No. 129/19/2018, dated 14th November 2018 to formally close Rehbar-E-Taleem (hereinafter referred to as “ReT”) Scheme as also providing for cancellation/withdrawal of all advertisement notices issued for making engagement of Rehbar-E-Taleem or the panels prepared where no engagement orders have been issued under the scheme.

2. Before we advert to the grounds of challenge urged by learned counsel appearing for the petitioners and the rebuttal by Mr. Sheikh Mushtaq, learned AAG appearing for the Union Territory of J&K, we find it apposite to allude to factual context in which the impugned order has come to be passed by the Government. With an objective to promote decentralized management of elementary education with community participation and involvement; to ensure accountability and responsiveness through a strong back up and supervision through the community; and to oper

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