Back
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
VINOD CHATTERJI KOUL
Mohammad Yousuf Dar S/o Ghulam Mustafa Dar – Appellant
Versus
State of J&K through its Commr/Secy Education Deptt, Civil Sectt Sgr/Jmu – Respondent
JUDGMENT :
1. Quashment of engagement of private respondents 8&9 made vide Order no.ZEO/ReT/622-25/S dated 26th July 2011 and no.ZEO/SSA/ ReT / 629-29/S dated 126th July 2011, is sought. A direction to respondents to appoint petitioner as ReT upon quashment of engagement of private respondents in Primary School, Nawab Kha Tehsil Pattan District Baramulla, is also sought.
2. Briefly put, the case set up by Mohammad Yousuf Dar, Petitioner, is that he possesses 10+2 qualification. Respondent no.6 issued advertisement notice inviting applications for engagement of two Rehbar-e-Taleems (ReTs) from inhabitants of village Nawab Kha, Chanabal, which was published in a newspaper, Kashmir Uzma, on 1st November 2010. Petitioner also responded thereto. Respondents prepared a Panel, which contained names of private respondents as well. Aggrieved thereof, petitioner challenged it in a writ petition (SWP no.606/2011), which he, however, subsequently withdrew with liberty to file a fresh writ petition. Another writ petition, being SWP no.1676/2011 was filed. However, in the meantime, engagement orders were issued in favour of private respondents, due to which abovementioned writ petition became infr
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 court ruled that the Government's ban on ReT engagements rendered the Writ Petition infructuous, emphasizing adherence to prior court judgments regarding residency qualifications.
: Termination from service – Respondents directed to consider cases of petitioners and pass appropriate order of relaxation of minimum age in their favour.
Though the rejection of the candidatures of the petitioners appear to be on the ground of not acquiring the TET qualification within a particular age, it is an admitted fact that all the petitioners ....
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 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 ....
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
