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HC issues notice to Govt over ReT scheme scrapping

December 07, 2018:

On Thursday, Jammu & Kashmir High Court issued notices to the govt. in a bunch of petitions challenging the recent govt. order on the formal closure of the Rehbar-e-Taleem scheme and cancellation of all advertisement notices issued for engagement of the ReTs or panels.

Jammu & Kashmir High Court
Jammu & Kashmir High Court

The respondents have been asked to file their response/objections within four weeks.

Bench comprising of Justice Ali Mohammad Magrey also issued notice to the govt. returnable within 4 weeks and ordered that the claim of petitioners, notwithstanding the govt. order annulling the scheme, shall remain in force.

The petitioners have questioned whether in law it is permissible for the govt. to nullify a judicial dictum and judgment in terms whereof the respondents have been directed to conclude the process of selection and engage the Petitioners against the posts advertised, by issuing an executive order withdrawing the advertisement notices and the panels prepared.

That the petitioners approached the court, challenging the decision of the respondents, denying them of their right to be engaged as ReT, earned by the petitioners after participating in a selection process.

Notwithstanding the direction issued by the court, the petitioners said the respondents have issued an order bearing no. 919-Edu of 2018 dated 16.11.2018 in terms whereof all the advertisement notices, panels prepared have been deemed to have been cancelled.

“The order has an effect of overreaching the orders/judgments passed by this court. it is submitted here that every authority under law is duty bound to implement the direction passed by the Courts in letter and spirit.”

When act is done in violation of an order and judgment, the petitioners said, it is a duty of the Court to set the wrong right and put the parties in the same position as they stood immediately prior to issuance of the order passed in violation o the court direction by giving appropriate direction for remedying and rectifying the things done in violation of its orders.

They added, “It’s of high importance that orders of the court are obeyed . Any action taken in disobedience of the orders passed court are illegal.”

It is Prtient to mention that the education department issued an order on the cancellation of the Rehbar-e-Taleem scheme on November 16, 2018, following approval by the State Administrative Council headed by Governor Satya Pal Malik,

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