Early Times Report
JAMMU, July 6: The High Court of Jammu & Kashmir and Ladakh has quashed the rejection order passed against a Samba resident seeking engagement as a Rehbar-e-Taleem teacher, holding that the subsequent closure of the ReT scheme cannot be used retrospectively to defeat rights flowing from a valid selection panel.
Justice Rajnesh Oswal, while disposing of a petition filed by Gurdeep Singh of Raika Labana, Samba, set aside Order No. 548-CEOS of 2020 dated February 7, 2020, by which the Chief Education Officer, Samba had rejected his claim for engagement as ReT Teacher in Primary School Raika Jougian, Zone Ramgarh.
The petitioner had applied pursuant to an Advertisement Notice dated April 27, 2011 for two ReT vacancies under Sarva Shiksha Abhiyan. He figured at Serial No. 2 in the merit list and tentative selection panel, which later attained finality as no objections were filed against it.
The Court noted that in an earlier round of litigation, a Coordinate Bench had already quashed the corrigendum withdrawing the process and had directed the authorities to take the selection process to its logical conclusion. However, the petitioner's claim was later rejected on the basis of Government Order No. 919-Edu of 2018, by which pending ReT panels without formal engagement orders were cancelled after closure of the scheme.
Appearing for the petitioner, Advocate Nitin Bhasin argued that the petitioner's right had already been judicially protected and could not be defeated by a later administrative order. He relied upon the Supreme Court judgment in UT of J&K and Others v. Saba Wani, wherein it was held that closure of the ReT Scheme cannot retrospectively impair the rights of candidates placed in valid select panels.
On the other hand, Suneel Malhotra, Government Advocate, appearing for the respondents, submitted that the panel was tentative, though he fairly conceded that no objections had been filed against the petitioner's placement in the panel.
After hearing both sides, the High Court observed that once the petitioner figured at Serial No. 2 in the selection panel and the panel attained finality in absence of objections, his right to be considered for engagement became protected. The Court further held that the rejection order was "wholly unsustainable" in view of the law laid down by the Supreme Court.
The Court directed the respondents to consider the petitioner's claim for engagement as Rehbar-e-Taleem Teacher at Primary School Raika Jougian, Zone Ramgarh, in terms of the earlier High Court judgment dated October 5, 2018 and in light of the Supreme Court directions in Saba Wani. Authorities have been asked to pass appropriate orders strictly in accordance with law within the period prescribed by the Supreme Court. (JNF) |
