Javed Iqbal And Another vs State Of J&K And Others
2021 Latest Caselaw 1127 j&K

                                                                   Sr. No.1


         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

                                               RP No. 4/2019
                                               CM No. 837/2019[1/2019]
                                               in
                                               RP No. 51/2018
                                               IA No. 1/2018

Javed Iqbal and another                            .....Appellant(s)/Petitioner(s)

                      Through: Mr. Masood Ahmed, Advocate

                 Vs

State of J&K and others                                       ..... Respondent(s)

                      Through: Mr. Ravinder Gupta, AAG with
                               Ms. Pallavi Sharma, Assisting Counsel

Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
       HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                   ORDER

16.09.2021

(Open Court)

Per: Thakur-J

RP Nos. 4/2019 & 51/2018

Since the judgement and order dated 13.09.2018, against which the

aforementioned review petitions have been preferred is the same, therefore, it

would be proper to dispose of both the review petitions by way of a common

order.

01. The present review petitions have been filed, seeking review of

judgment and order dated 13.09.2018, passed in LPASW No. 130/2018.

Briefly stated, the material facts are as under:-

RP No. 51/2018

02. The petitioners herein came to be appointed as ReTs in the year

2006. Their selection was challenged by the private respondents on the

ground that the selection process was not fair and that the posts of ReTs were

never advertised. The learned Single Judge vide judgement and order dated

09.08.2018 passed in SWP No. 588/2006, allowed the writ petition and

quashed the selection and appointment of the petitioners herein on the ground

that their appointments were backdoor appointments and could not be

sustained. A direction was also issued to make fresh selection for

appointments of the candidates for the posts of ReTs in accordance with

rules.

03. The petitioners herein preferred an LPA against the aforementioned

judgment and order, which was disposed of vide judgment and order dated

13.09.2018, impugned in the present review petitions. The Division Bench

after perusing the records of selection came to a conclusion that there was a

flagrant violation of the rules in making the appointments and that the

appointments were made de hors the rules. The Division Bench also

considered the advertisement notice, which was relied upon by the petitioners

herein/appellants and held that the same did not pertain to the selection in

question, inasmuch as, the advertisement was of the year 2004, whereas the

school in question came to be upgraded in the year 2005. It was thus held that

the selection and appointments could not be sustained in law.

04. Learned counsel for the petitioners states that the judgment and

order impugned is required to be reviewed, inasmuch as, the Division Bench

RP No. 51/2018

had failed to consider the second report of the Enquiry Committee, which

would have reflected that the selection was made in accordance with rules.

However, we need not go into the second Enquiry report, inasmuch as, the

Division Bench on a perusal of the relevant record had come to a conclusion

that there was no advertisement for filling up the posts, pursuant to which the

petitioners had been engaged.

05. In our opinion, the petitioners herein have failed to make out any

ground, much less do we find any error apparent on the face of record which

would not justify our interference in the present review petitions.

06. Be that as it may, these review petitions are found to be without any

merit and are, accordingly, dismissed along with connected applications.

                                              (Rajnesh Oswal)                  (Dhiraj Singh Thakur)
                                                   Judge                              Judge
              Jammu
              16.09.2021
              Muneesh

                                             Whether the order is speaking :        Yes / No
                                             Whether the order is reportable :      Yes / No




MUNEESH SHARMA
2021.09.20 10:43
I attest to the accuracy and
integrity of this document