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Can't direct appointment against a non-existing position: HC
4/30/2019 10:20:46 PM
Early Times Report
Jammu, Apr 30: Respond-ing to a petition filed by a job seeker, the High Court of J&K has said that it cannot direct the respondents to appoint the petitioner against a non-existing position.
In a petition filed by one Mahjabeena seeking direction to government for appointment against the ReT post in order of merit in Primary School, Chopan Mohalla (Simon) Education Zone, Pattan, district Baramulla, as per letter No. DSEK/Legal/304/12/1963 dated 10-02-2018.
Justice Ali Mohammad Magrey after hearing both the sides observed: "Once the government has taken a policy decision cancelling/ withdrawing all the advertisement notices issued for engagement of ReTs or panels prepared where no engagement orders have been issued under ReT Scheme, the court cannot direct the respondents to appoint the petitioner against a non-existing position, unless the government order aforesaid is set aside/modified by the competent authority."
With these observations High Court found that the writ petition is devoid of any merit, as such, same shall stand dismissed alongwith the connected interim application, being IA No.01/2019. The petitioner, however, shall be at liberty to work out appropriate remedy as may be available to her under law with regard to challenging the government order dated November 16, 2018.
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