Jammu & Kashmir High Court - Srinagar Bench
Reserved On: 29.09.2022 vs Through: Mr Rabinder Singh on 19 October, 2022
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 3262/2019
Reserved on: 29.09.2022
Pronounced on: 19.10.2022
Naveed Jamal and others
.... Petitioner(s)
Through: Mr Rabinder Singh, Advocate
v
Union Territory of J&K and others.
... Respondent(s)
Through: Mr. Sajad Ashraf, GA.
CORAM:
Hon'ble Ms Justice Moksha Khajuria Kazmi, Judge.
JUDGMENT
01/- The petitioners have challenged the orders bearing Nos. DG-
YSS/Estt/CAMP/87-95; dated 29.10.2019, hereinafter to be referred as impugned
order, whereby the engagement of the petitioners as Rehbar-e-Khel, made in terms
of Order Nos. DG-YSS/Estt/2907-11 dated 15.07.2019; & DG-YSS/Estt/4756-60
dated 04.10.2019; in District Srinagar, under wait list/panel, has been cancelled
void ab-initio, on the grounds taken in the memo of writ petition.
BRIEF FACTS
02/- The Government of J&K in terms of Govt Order No. 141-Edu (YSS) of
2017 dated 27.10.2017, accorded sanction to the adoption of policy formulated by
the department of Youth Services and Sports regarding engagement of Rehbar-e-
Khel in reference to the Cabinet decision No. 196/12/2017 dated 23.10.2017.
Earlier the Government, in terms of Order No. 68-Edu (Tech) of 2005 dated
16.05.2005, had accorded sanction for adopting the State Policy declaring Sports,
Games and Physical Education, compulsory in all Middle, High and Higher
Secondary Schools in the State from the academic session 2005-06.
03/- Rehbar-e-Khel is a person, to be provided to make up for the deficiency of
the physical education staff at the Middle, High School level, the engagement of
candidates as Rehbr-e-Khel is to be made at the Zone level within a District given
the fact that it is not possible to have candidates possessing qualification in
physical education available in Villages/Halqas.
04/- In terms of Government order No. 141-Edu (YSS) of 2017 dated
27.10.2017, sanction was accorded for creation of 3000 positions of Rehbar-e-Khel
and in pursuance thereof, amongst others, respondents issued different
advertisement notices for engagement of Rehbar-e-Khel for District Kupwara,
Baramulla and Shopian. Petitioners participated in the selection process and found
their place in the wait list prepared by the respondents in this behalf.
05/- Few selected candidates, opted not to join in terms of the select list and
submitted their duly sown affidavits before the respondents expressing their
unwillingness to join their duties as Rehbar-e-Khel. Accordingly, the petitioners
who were figuring in the wait list were engaged as Rehbar-e-Khelin place of the
candidates who chose not to join and of those whose selection was cancelled for
having produced the fake degree certificates.
06/- The petitioners joined their duties as Rehbar-e-Khel and while discharging
their duties as such, a show-cause notice was issued to them by the respondents
dated 24.10.2019 asking them to explain as to why their engagement made by
operating the wait list, in contravention to the Policy that governs the services
conditions of the petitioners, be not cancelled.
07/- The said notice was responded to by the petitioners stating therein inter-alia
that their selection has been made in accordance with the procedure and they have
not committed any misrepresentation or fraud. The petitioners have stated in the
writ petition that these show-cause notices were challenged by the medium of a
writ petition, however, since the show-cause notices were followed by the
disengagement order, therefore, the petitioners filed the instant petition assailing
the orders of disengagement.
08/- Upon notice, the respondents appeared and filed their reply, resisting the
claim of the petitioners.
09/- The petitioners have challenged impugned orders inter alia on the ground
that the petitioners, being fully eligible, were selected after the operation of the
waiting list by the competent authority against the vacancies which remained
unfilled due to non-joining of the selected candidates.
10/- The stand taken by the respondents is that the waiting list was issued by the
Chairman of the Selection Committee inadvertently, against the Govt. Order as
also in violation to Chapter XIII of the Policy governing the service of the
petitioners.
11/- Heard Learned counsel for the parties at length.
12/- At the very outset it needs to be recorded that this court has decided a writ
petition exactly on the same issue bearing WP (C) no. 3276/2019 titled Sajad Tariq
and others v. Commissioner/ Secretary to Govt. Youth Services & Sports and
others, decided on 22nd September, 2022, of which incidentally I am the author and
the view already taken on the point that the post on the non-joining of a selected
candidate becomes available to the wait list candidate and the wait list prepared in
the matter which has been acted upon and given effect to, cannot be later on
allowed to be cancelled on the ipse dixit of the respondents, on the subject will
govern the petition on hand also.
13/- Having regard to what has been said hereinbefore, the writ petition succeeds
and is allowed as such. The impugned order Nos. DG-YSS/Estt/CAMP/87-95;
dated 29.10.2019, is quashed. Since it is admitted by the counsel for the
respondents that the petitioners are continuing on the basis of the interim order
dated 13.11.2019, whereby the impugned order has been stayed, therefore, the
petitioners are directed to be allowed to continue as Rehbar-e-Khel in terms of
engagement Order Nos. DG-YSS/Estt/2907-11 dated 15.07.2019; & DG-
YSS/Estt/4756-60 dated 04.10.2019 in District Srinagar, and they shall be paid the
remuneration accrued due to them under rules.
14/- The writ petition, along with all CMs, is disposed of on the above lines.
Srinagar (Moksha Khajuria Kazmi)
19.10.2022 Judge
Amjad lone, Secretary
Whether approved for reporting: Yes/No
