Amandeep Kour vs State Of J&K And Others
2023 Latest Caselaw 1025 j&K

                                                                  Sr. No. 25
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

                                                         SWP No. 889/2019

Amandeep Kour                                     .... Petitioner/Appellant(s)

                        Through:-    Mr. Achal Sharma, Advocate.

                  V/s

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

                        Through:-    Ms. Pallavi Sharma, Assisting counsel
                                     to Mr. Raman Sharma, AAG.

CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                                 ORDER

01. This petition has been filed by the petitioner seeking quashing of

Government Order No. 919-Edu of 2018 dated 16.11.2018, issued by the

Government in School Education Department, whereby Rehbar-e-Taleem

Scheme for engagement/appointment of persons as ReT in various

Government Schools was formally closed. The petitioner has further

sought a direction to the respondents to finalize and conclude the selection

process advertised pursuant to Advertisement Notice No. 10 of 2014 dated

14.05.2014, issued by respondent No. 3 for filling up of one post of

Rehbar-e-Taleem Teacher for Hindi in MS Manghal, Zone Arnia, District

Jammu. The petitioner has also sought direction to the respondents to

issue formal appointment order in her favour as ReT Teacher.

02. Notice in this petition was issued on 01.05.2019 and interim

direction was also granted.

03. Learned counsel for the respondents submits that this petition does

not survive in view of the closure of the ReT scheme in terms of

Government Order No. 919-Edu of 2018 dated 16.11.2018, which

provided for cancellation/withdrawal of all notices issued for engagement

of ReT Teachers. The validity of the Government Order No. 919-Edu of

2018 dated 16.11.2018 was challenged in a batch of writ petitions which

were decided by the Division Bench in case titled 'Ruksana Jabeen vs.

State of J&K and others', passed in SWP No. 3004/2018. The Division

Bench has upheld the constitutional validity of the said Government Order

and also issued directions with regard to the effect of the Government

Order No. 919-Edu of 2018 dated 16.11.2018 on pending and decided

litigations. Para 31 of the judgment being relevant reads as under: -

"31. We have heard both the sides at some length on the impact of the Government order on the pending litigation and we cull out our conclusion as under:

(i) That the impugned Government order will not affect the select panels prepared by the respondents which have been acted upon and formal orders of engagement have been issued;

(ii) That the impugned Government Order will not override or effect the judgments passed or to be passed by this Court holding a candidate/candidates entitled to engagement in the selection process which was/is under challenge before the Court.

(iii) Where the select panels are approved and the aggrieved party has approached the Court before it could be acted upon, shall also be not affected by the impugned Government order, in that,but for litigation in the Court, the approved panel/panels could have been acted upon and formal letters of engagement in favour of the selected candidates issued prior to the issuance of the impugned Government order; and,

(iv) Notwithstanding issuance of the impugned Government order, the respondents shall abide by the judgments passed by any competent Court of law which have attained finality. However, the writ petitions involving adjudication of disputes in respect of tentative merit lists or tentative select panels shall be liable to be dismissed in view of the impugned Government order, in that, it would not be permissible for a Court of law to direct the respondents to finalize the tentative merit lists or tentative select panels and issue engagement orders in view of closure of the scheme and a clear stipulation contained in paragraph 2nd of the impugned Government order."

04. Keeping in view the aforementioned conclusion, the challenge to

the constitutionality and validity of the Government Order No. 919-Edu of

2018 dated 16.11.2018 in this petition fails. This petition is, thus, disposed

of by providing that the impugned Government Order shall be made

applicable to this petition in the manner as explained by the Division

Bench in the aforesaid judgment.

05. Disposed of accordingly.

(Sindhu Sharma) Judge

Jammu:

19.05.2023 Michal Sharma