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SANJEEV KUMAR, RAJESH SEKHRI
Jyoti Sambyal – Appellant
Versus
State – Respondent
JUDGMENT :
1. This appeal under clause XII of Letters Patent is directed against the judgment dated 25.04.2019 passed by the learned Single Judge of this Court ['the Writ Court'] in SWP No. 1813/2015 titled 'Badham Kumar v. State of Jammu and Kashmir whereby the writ petition filed by Respondent No. 6 herein ['the writ petitioner'] has been allowed and the order of appointment issued in favour of the appellant has been quashed with a further direction to consider the writ petitioner for appointment.
2. Briefly stated the facts giving rise to filing of this appeal are that vide Advertisement Notification dated 01.05.2010 issued by the office of Chief Education Officer, Samba, two vacancies of ReT in Primary School Dhayansar falling in Purmandal Zone were notified for selection. The consideration was restricted to the permanent residents of the State residing in the village concerned. Three candidates, who had applied for the vacancies in question, were placed in the tentative list of candidates, to be considered for engagement of ReTs by the Zonal Education Officer, Purmanadal. The candidate at S. No. 1 namely, Renu Salathia was admittedly a resident of village Kartholi Morha Dhayansa
The central legal point established in the judgment is the importance of following the directions of the court and giving effect to the findings of the Enquiry Committee in appointment disputes.
The court emphasized the importance of a valid and reliable report in making decisions and set aside the impugned report based on a quashed report from a previous round of litigation.
: Observance of doctrine of amity and comity of Courts is a part of Judicial Decorum.
Employment and Service matter - Quashment of appointment of respondent - Parties are bound by decision which is not challenged and is in force as on date, therefore there is no scope as far as quashm....
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 in the judgment is that administrative instructions cannot override statutory rules, and the rejection of an appointment must be in accordance with the applicable rul....
The abolition of the post of Panchayat Shiksha Mitra under the Bihar Panchayat Teachers (Appointment and Service Conditions) Rules, 2006, precludes any appointment to that position after 01.07.2006, ....
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
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