Back
SANJEEV KUMAR, MOHAN LAL
Amresh Singh son of Angrez Singh – Appellant
Versus
State of J&K through Commissioner/Secretary to Government Education Department J&K – Respondent
JUDGMENT :
Sanjeev Kumar, J.
LPA No. 218/2018, LPA No. 219/2018 & LPA No. 223/2018
1. These three intra-Court appeals by the appellant are directed against a composite judgment dated 03.12.2018 passed by a learned Single Judge of this Court [“the Writ Court”] in SWP No. 2360/2010, SWP No. 2009/2017 and OWP No.1190/2017 whereby the Writ Court has allowed SWP No. 2360/2010 filed by respondent No.8 herein and quashed the orders dated 21.08.2010, 01.09.2010 and 17.09.2010 impugned in the said writ petition, whereas SWP No.2009/2017 and OWP No. 1190/2017 filed by the appellant have been dismissed.
2. Briefly put the facts leading to filing of these appeals are that the Chief Education Officer, Doda vide his Advertisement Notice dated 14.12.2009 invited village-wise applications on prescribed format from the permanent residents of J&K State for engagement of ReTs at village level/Panchayat level/Zone level in various upgraded Primary Schools in different education zones of District Doda. Two posts of ReTs were notified to be filled up in upgraded Primary School, Masri of revenue village, Masri.
3. The appellant and respondent No.8 herein along with others responded to the aforesaid Notificati
The main legal point established in the judgment is that the Courts of equity have no place for litigants who manipulate the law to suit their needs, and the cessation of the concept of PRC in UT of ....
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.
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....
PRC is conclusive proof of district residence for cadre eligibility; married woman's claim requires husband's PRC from concerned district, overriding affidavits, enquiries or physical residence claim....
The Rehbar-e-Taleem Scheme mandates that teacher selection is based on village residency and merit, not Panchayat affiliation.
: Observance of doctrine of amity and comity of Courts is a part of Judicial Decorum.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
