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SANJAY DHAR
Zahoor Ahmad Mir – Appellant
Versus
State Of J&K – Respondent
JUDGMENT :
SWP No.900/2013
1) This is the third round of litigation initiated by the petitioner challenging the engagement of respondent No.7 as Rehbar-e-Taleem for the school located at Piswal Mohalla Warnow Rung District Kupwara.
2) Initially, the petitioner filed a writ petition bearing OWP No. 1512/2010 before this Court whereby he had challenged the enquiry report submitted by the Assistant Commissioner, Revenue, Kupwara. According to the said report, it was concluded that the petitioner was actually residing at Warnow with his father at the time of issuance of the advertisement notice inviting applications for the post of ReT for the school located at Piswal Mohalla Warnow Rung, hence not eligible for engagement. This Court vide its order dated 24th December, 2010, disposed of the aforesaid writ petition extending the following directions:
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.
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.
: Observance of doctrine of amity and comity of Courts is a part of Judicial Decorum.
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 court upheld the validity of the enquiry reports and found no illegality or infirmity in the impugned Judgment.
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 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 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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