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.

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 2^nd of May, 2013 as also in the Daily Srinagar Times in its edition dated 4^th 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 Kashmir in its edition dated 3^rd of June, 2013.

4. Thereafter, objections were invited from the aggrieved persons, if any, with respect to the said tentative select list, to be submitted in the office of Respondent No.6.The Respondent Nos. 8 and 9, for the obvious reason of not having any valid cause or reason, either in fact or in law, to contest the legal validity of the tentative select list, chose not to avail the opportunity of objecting to the tentative select list, as afforded vide the aforesaid notification, instead, rushed to this Court by filing Writ Petition bearing SWP No. 1068/ 2023 , thereby impugning the aforesaid tentative select list.

5. In the Writ Petition filed by the Respondent Nos. 8 and 9, they pleaded that they are possessed of the eligibility prescribed as regards the residence in the Advertisement Notice, however, the said assertion, on scrutiny by the concerned Authorities, including the Respondent Nos. 3 and 7, were found to be false and baseless. Resultantly, a team of Officers was appointed to visit the spot and submit a factual report thereof, whereafter, the said team undertook the requisite exercise and, on 7^th of February, 2014, submitted a detailed report to the Respondent No.3. However, despite the said report, the Respondent Nos. 8 and 9, in connivance of the official Respondents, were able to obtain and get the requisite State Subject certificates as per their needs and requirements depending upon the post/position advertised. Accordingly, the Writ Petition filed by the Respondent Nos. 8 and 9 was disposed of by this Court vide Judgment dated 29^th of May, 2015, whereafter, in purported compliance of the said Judgment passed by this Court, the Respondent No.3-Deputy Commissioner, Anantnag issued Order No. DCA/Lit/015-382-84 dated 29^th of July, 2025.

6. The Petitioner has assailed the validity of the aforesaid Order dated 29^th of July, 2025 issued by the Respondent No.3 through the medium of the present Writ Petition, primarily, on the ground that the same has been, in fact, issued in violation of the directions passed by this Court vide Judgment dated 29^th of May, 2015. It has been stated during the course of the proceedings in the Writ Petition filed by the Respondent Nos. 8 and 9, being SWP No. 1068/2013, it had been clearly established that the Petitioners therein/ Respondent Nos. 8 and 9 herein are residents of Village Sheikhpora and not village Shistergam habitation, which fact has not been taken into consideration by the Respondent No.3, while issuing the impugned Order.

7. The Respondent Nos. 1, 2, 5 and 6, in their Objections, have stated that the present Writ Petition involves controversy regarding the engagement of ReTs (Tehbar-i-Taleem)for Upgraded Primary School to the Middle School, Shistergam, however, havin