Advertisement notices for engagements co-terminus with a specific financial year automatically lapse if the selection process is not concluded within that timeframe, eliminating the necessity for formal cancellation before issuing new notices for subsequent financial years.

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S. No.58

Suppl.1 List

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP(C) No. 3263/2025

CMNo.8777/2025

Date of pronouncement: 27.12.2025

Uploaded on: 29.12.2025

RUBEENA BANO

…..Petitioner(s)

Through: Ms. Sabreena Fayaz, Advocate

V/s

UNION TERRITORY OF J AND K AND OTHERS

.....Respondent(s)

Through : None

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT (ORAL)

1. The petitioner through the medium of present writ petition

has sought a direction upon the respondents to consider and issue

appointment order in her favour against the post of Helper/Aaya

under the ECCE Scheme in Primary School Tengripora Gowass

pursuant to Advertisement Notice dated 11.11.2023. She has also

challenged the Advertisement Notice dated 10.06.2024, whereby

fresh applications for engagement of Helper/Aaya under ECCE in

respect of Primary School, Tengripora have been invited.

2. Heard learned counsel for the petitioner and perused record

of the case.

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3. It appears that Advertisement Notification dated 11.11.2023

came to be issued by respondent No.4, whereby, inter alia,

applications were invited for engagement of Helpers/Aayas under

ECCE in Primary School Tengripora. It also appears that the

petitioner and one Rubeena Karim applied for the said post in

pursuance of the aforesaid Advertisement Notice. A panel of

candidates was prepared by the Selection Committee and Ms

Rubeena Karim was placed at S.No.1 of the said panel, whereas the

petitioner was placed at S.No.2.

4. It also appears that the petitioner filed objections to the said

panel alleging that Ms Rubeena Karim is not the resident of the

relevant area on the ground that she has shifted after her marriage

and is residing in a different village. An enquiry was conducted by

the respondents into the issue and the process of selection was not

taken to its logical conclusion. During the enquiry/verification it

came to the fore that Ms Rubeena Karim has entered into wedlock

with Nisar Ahmad Mirasi who lives in a different village. On

18.03.2024, Tehsildar Shangus reported that the aforenamed Nisar

Ahmad Mirasi, husband of Rubeena Karim is residing in revenue

village Chowgam. In the meantime, another Advertisement Notice

came to be issued by respondent No.5 on 10.06.2024, whereby

applications were invited for engagement of Helper/Aaya, inter alia,

for Primary School Tengripora.

WP(C) No.3263 of 2025 Page 2 of 4

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5. The contention of the petitioner is that without cancelling the

first Advertisement Notice or without taking the process initiated

vide the said Advertisement Notice to its logical conclusion,

respondent No.5 could not have issued the impugned Advertisement

notice dated 10.06.2024.

6. In the above context it is to be noted that Advertisement

Notice dated 11.11.2023 was limited to the engagement of Aayas for

financial year 2023-2024 and the engagement was co-terminus with

the said financial year, which is clearly stipulated in the

advertisement notice. Since the enquiry/credentials of selected

candidate, namely Rubeena Karim, stretched up to March, 2024,

therefore, by that time the financial year 2023-2024 had come to an

end. In these circumstances, there was no need to cancel the

Advertisement Notice dated 11.11.2023 before issuing a fresh

Advertisement Notice for engagement of Aayas for the financial

year 2024-2025. The said Advertisement Notice is also restricted to

one financial year and the engagement is co-terminus with financial

year 2024-2025, meaning thereby that after culmination of financial

year a fresh Advertisement Notice has to be issued by respondent

No.5. If the selection process is not concluded within a particular

financial year, the Advertisement Notice automatically lapses and

there is no need to issue a cancellation or withdrawal of the

Advertisement Notice.

WP(C) No.3263 of 2025 Page 3 of 4

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7. In these circumstances there was no need for the respondents

to cancel the subject advertisement notice nor can the respondents

proceed to conclude the selection process in respect of the said

advertisem

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