Back
HIGH COURT OF JAMMU AND KASHMIR
SANJAY KUMAR – Appellant
Versus
U T OF J AND K TH COMMISSIONER SECRETARY EDUCATION DEPTT AND OTHERS – Respondent
JUDGMENT :
01. This Letters Patent Appeal is directed against the judgment dated 15.11.2022 passed in SWP No. 2229/2017 titled Banita Sharma vs State of J&K and others, whereby the writ petition filed by respondent No. 6 was allowed and the official respondents were directed to restore the order of engagement of respondent No. 6 as Rehbar-e-Taleem Teacher.
02. The factual aspect relevant for consideration of the appeal are that the Chief Education Officer, Rajouri issued an Advertisement on 23.10.2010 for engagement of RETs in newly opened Primary Schools under SSA Scheme for the year 2009-10 & 2010-11, inviting village wise fresh applications from permanent residents of J&K State/now Union Territory for engagement as Rehbar-e-Taleem Teachers in newly Opened Primary School, under SA scheme for the year 2009-10 & 2010-11 in District Rajouri. Amongst the vacancies advertised in the schools in Constituency Nowshera, Zone Sunderbani, two posts were advertised in Primary School Gaige (Bhajwal).
03. The office of Zonal Education Officer, Sunderbani prepared a Panchayat wise tentative merit list for the engagement of RETs in New Opening Primary Schools which was displayed on 07.10.2011. The
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.
(1) Appointments to public posts should be strictly in accordance with Articles 14 and 16 of Constitution of India.(2) Construing provision relating to upper age limit as directory would be conferrin....
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.
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....
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.
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 main legal point established in the judgment is that the appointment of P.S.M. cannot be enquired into and cancelled retrospectively after the post's abolition on 01-07-2006 under Rule 20(iii) 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
