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SINDHU SHARMA
Sushma Jamwal – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. The petitioner seeks quashing of the selection/engagement of respondent No. 5 as Rehbar-e-Taleem Teacher in Primary School Dhanpur of Revenue Village Gurah Manhasan, Tehsil Akhnoor District Jammu.
2. Chief Education Officer, Jammu issued an Advertisement Notice No. CEOJ/SSA/2973-75 dated 29.04.2011, for engagement of Rehbar-e-Taleem Teachers under SSA in Primary School on account of vacancy on account of Primary School elevated out of EGS under SSA. In Zone Jourian, one post each was advertised in Primary School, Dhanpur, Primary School, Kothey Chiban & Primary School Marira in revenue village Gurah Manhasan. The respondent No. 4 after receipt of the application forms of all the candidates prepared the panel/list of candidates to be engaged as Rehbar-e-Taleem Teachers in the aforesaid village. The petitioner had applied for one of the posts of RET in revenue village Gurah Manhasan and the merit panel was framed and the petitioner was placed Serial No. 4 in the panel, however, respondent No. 5 was placed at serial No. 2.
3. The panel was displayed and the objections were invited from the general public regarding the tentative panel prepared by the official respondents. Th
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.
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.
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....
Post of teachers - Selection process - Clarification always dates back to point of time when provision or order sought to be clarified is actually issued. Writ Court was not correct in its conclusion....
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