HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M. A. Chowdhary, J
Mohammad Umar Ullah Rather – Appellant
Versus
State (Now Ut) Of J&k – Respondent
JUDGMENT :
1. The case of the Petitioner, as pleaded in the Petition on hand, is that in terms of Advertisement Notice published in the Daily Rising Kashmir, Srinagar in its edition dated 2nd of May, 2013 as also in the Daily Srinagar Times in its edition dated 4th of May, 2013, applications on plain papers came to be invited from educated youths of Village Shistergam on habitation basis, for having educational qualification of 10+2 and above, with a stipulation that only those candidates having Mathematics and Science background should apply within the cut of date viz. 07 days after the publication of the said Notice.
2. The Petitioner, being possessed of the requisite qualification, submitted his application form supported by the requisite documents for his selection and consequent engagement as Rehbar-e-Taleem (Science) in the newly upgraded Primary School, Shistergam.
3. Accordingly, the candidature of the Petitioner, along with other eligible candidates, was entertained and the selection process, as per the procedure prescribed was undertaken, whereafter, a tentative select list came to be drawn and notified by the Respondent No.5 vide notification published in daily Greater Kash
Rukhsana Jabeen v. State of J&K and Ors., (SWP No. 3004/2018), decided on 4th of February
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 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.
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 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 Rehbar-e-Taleem Scheme mandates that teacher selection is based on village residency and merit, not Panchayat affiliation.
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
: Termination from service – Respondents directed to consider cases of petitioners and pass appropriate order of relaxation of minimum age in their favour.
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