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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
ARUN PALLI, RAJNESH OSWAL
Vipan Kumar – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
OSWAL, J.
1. The appellant and respondent No. 5, pursuant to Advertisement Notice No. CEOR/RET/33991-34006 dated 03.12.2013, applied for engagement as Rehbar-e-Taleem (RET) in Government High School, Panjgrain. Upon consideration of the applications, a select panel dated 26.12.2013 was prepared by respondent No. 4, wherein respondent No. 5 was placed at Serial No. 1 and the appellant at Serial No. 5. Aggrieved by the said panel, the appellant filed a writ petition bearing SWP No. 2934/2014, titled Vipan Kumar Vs. State of J&K and others, challenging the panel dated 26.12.2013 and seeking directions to the official respondents to appoint him as RET Teacher in Government High School, Panjgrain.
2. The primary ground of challenge raised by the appellant was that respondent No. 5 had married one Taib Majid approximately seven years prior to the filing of the writ petition and, since then, had been residing in Village Dhanore Jaralan, Rajouri, situated at a distance of more than 20 kilometers from Village Panjgrain. It was contended that in view of her marriage and consequent change of residence, respondent No. 5 ceased to be a resident of Village Panjgrain and, therefore, did n
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.
Eligibility for appointment must be assessed based on the last date for application submission, not the date of notification, ensuring fairness in the selection process.
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....
Citizenship as per Constitution is one and, therefore, matrimony cannot be a detrimental factor to a lady only on account that she has changed area.
Service Matter - Appointment - When the enactment enjoins that any evidence would be treated as conclusive proof of certain factual situations or legal hypothesis, law would forbid other evidence to ....
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