Jammu & Kashmir High Court
Ashok Kumar vs State Through Education Deptt. on 27 October, 2022
Serial No. 33
Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
LPASW No. 10/2016
IA No. 01/2016
Ashok Kumar
... Appellant(s)
Through: -
Ms. Meenakshi Slathia, Advocate
V/s
State through Education Deptt., and Ors.
... Respondent(s)
Through: -
Ms. Monika Kohli, Sr. AAG
CORAM:
Hon'ble the Chief Justice
Hon'ble Mr Justice Vinod Chatterji Koul, Judge
(ORDER)
27.10.2022
1. The instant appeal is preferred against the Judgment of dismissal of
the writ petition by the learned Writ Court vide impugned Judgment dated
28.12.2015.
Brief facts of the case are summarized as under:-
a. That in terms of advertisement notice No. DIP/J-7537 dated
07.01.2010, Chief Education Officer, Doda had invited the
applications for the engagement of ReT teachers available in
upgraded Primary School, which include UPS Thawa falling in
Education Zone Ghat. One vacancy was to be filled up from
amongst the candidates having Science background and the other
from amongst the candidates having Mathematics background.
b. Appellant having Science background had applied for one
vacancy and in the panel prepared, he figured at serial No. 4,
whereas one Mst. Zahida Parveen figured at serial No. 1. A
tentative select list of two candidates, one Mst. Zahida Perveen
(Medical stream) and one Sanjay Kumar Sharma (Math stream),
vis-a-vis Sanjay Kumar Sharma, there is no grievance projected.
c. As against the tentative selection of Mst. Zahida Perveen,
appellant filed a petition bearing SWP No. 2154/2010, projecting
therein that Mst. Zahida Perveen is not resident of the habitation
where the school is located, whereas two other candidates who
figured at serial Nos., 2 and 3 (Medical stream) were not
interested. During the pendency of the said petition, there was a
development, viz respondent No. 5, therein Mst. Zahida Perveen
had been appointed somewhere else. In view of this development,
with the consensus of the learned counsel for the parties, the
petition was disposed of with a direction to the respondent
authorities therein to consider the case of the petitioner strictly in
terms of the rules governing the field and to take decision within
two months. The matter appears to have been pending for quite
long time. Finally, the respondent authorities therein decided to
re-advertise the said post as such, advertised vide Re-
Advertisement Notification No. CEO/D/RET/Legal/9658-59
dated 10.06.2014, as was issued from the office of Chief
Education Officer, Doda. Aggrieved by the said re-advertisement
notice, the appellant has filed another petition bearing SWP No.
1713/2014, seeking its quashment with a further prayer to direct
respondents to issue appointment order in favour of the appellant
based on the select panel as was impugned in SWP No.
2154/2010.
d. During the pendency of the writ petition bearing SWP No.
1713/2014, one Sh. Sheetal Chander filed application for
impleadment as he had responded to the re-advertised notice,
therefore, claimed an interest based on which he stands impleaded
as party respondent No. 6.
e. In the reply filed by respondents 1 to 4, it has been specifically
pleaded that in pursuance to the direction issued in SWP No.
2154/2010 dated 11.12.2012, the case of the appellant was
considered. Appellant failed to establish his claim, as a result
whereof a speaking order was issued vide No. CEO/D/Legal/9647
dated 17.06.2014, wherein it was decided to re-advertise the posts.
As such, re-advertisement notice impugned was issued.
f. After hearing learned counsel for the parties, the writ Court has
reserved the case for orders. Subsequent thereto, learned counsel
for the respondent No. 6, laid a motion praying therein that certain
important documents are required to be taken on records which
will help effectual adjudication of the matter. Same was not
opposed and permitted vide order dated 14.12.2015 passed in MP
No. 01/2015, as such, documents, i.e., (a) Photo-copy of order
dated 17.06.2014 passed by the Chief Education Officer, Doda
while considering the case of the appellant in light of the
Judgment rendered in SWP No. 1254/2010.
g. In compliance to the Judgment dated 11.12.2012, rendered in
SWP No. 1254/2010, the respondent Chief Education Officer has
passed a detailed order dated 17.06.2014, thereafter as a follow up
re-advertisement notice has been issued on 18.06.2014, and
published on 23.06.2014. The appellant has challenged the re-
advertisement notice, but has not challenged the order dated
17.06.2014, nor had produced the copy of the said order along
with his writ petition.
2. Learned counsel appearing for the respondents submits that the
appellant has not challenged the consideration order dated 17.06.2014,
whereby his claim was rejected. Learned counsel further submits that the
Government has closed the ReT scheme, therefore, the appellant cannot
challenge the writ Court order.
3. Heard learned counsel appearing for the parties, perused the records
and considered the matter.
4. Learned writ Court has dismissed the writ petition on the ground that
the appellant-petitioner having accepted the order passed by the Court in the
earlier writ petition bearing SWP No. 1254/2010, thereby directing the
respondents to consider the claim of the appellant-petitioner, which claim
on consideration was rejected by the respondents in terms of order dated
17.06.2014, which was not challenged, therefore, view taken by the writ
Court has no legal infirmity and deserves no interference.
5. In the above background, the instant appeal having no merit shall
stand dismissed along with connected CM(s).
6. Before parting with the file, we deem it appropriate to observe
that the dismissal of the instant LPA, shall not form an impediment for the
appellant to challenge the action of the respondents in terms whereof, the
ReT scheme has been closed, as other aggrieved individuals are stated to
have already challenged the closure of the scheme before Court of law
which is pending consideration.
(Vinod Chatterji Koul) (Ali Mohammad Magrey)
Judge Chief Justice
JAMMU
27.10.2022
"Mohammad Yasin Dar"
