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| DB upholds writ court judgment in ReT case | | | EARLY TIMES REPORT
Jammu, Apr 04: The high court division bench of Justice F M Ibrahim Kalifulla and Justice Mohammad Yaqoob Mir today upheld the judgement of writ court in ReT case.
In a LPA filed by Rishi Kumar Barbwa and others, the division bench found no merit in the appeal and upheld the November 4, 2010, judgment of writ court.
The case is that in Sajwal government middle school which falls under Jourian educational zone, an advertisement was issued on February 4, 2009, inviting applications for engagement of teaching
guides under RET scheme.
The petitioner and the private respondent were stated to have applied against the advertisement.
In the select panel, the name of the 7th respondent figured at serial No 1 and the appellant’s name figured at serial No 2. After the panel was prepared, the appellant filed a petition with a plea
that the select panel was not made keeping in view the mandate of government order No 288-Edu of 2009. Thereafter, a fresh panel was prepared and, according to the appellant, he was shown selected but not allowed to join.
The writ court referred to a Supreme Court decision and held that, on the basis of eligibility criteria as specified in the notification and whose name was recommended at serial No 1 in the
select panel, was entitled to succeed. Consequently, the writ court allowed SWP No 2309/2009 and dismissed SWP No 193/2010 of the appellant who then filed this appeal in the high court.
The division bench observed that there would be no scope for finding fault with the writ court conclusion in applying the ratio of above rulings while allowing petition preferred by the private respondent No 7 and dismissed the petition filed by the appellant and with these observations, dismissed the appeal.
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