HC directs Govt to file response over closure of ReT scheme

Published at December 06, 2018 11:57 PM 0Comment(s)4425views


HC directs Govt to file response over closure of ReT scheme

Syed Rukaya

Srinagar:

Jammu and Kashmir High Court has directed government to file response within four weeks over the closure of Rehbar-e-Taleem (ReT) scheme across the State.
In connection with the government order no. 919-Edu dated 16 November, 2018 wherein sanction has been accorded for formal closure of Rehbar-e-Taleem (ReT) scheme and whereof all the advertisement notices and panels prepared have been cancelled, a fresh petition has been filed before J&K High court challenging the order.
In this regard, the court on Thursday directed Chief Secretary of the State, Secretary to Government, School Education Department, Director School Education, and Kashmir, State Project Director, Sarva Shiksha Abhiyaan and Chief Education officers of various districts of Kashmir to file response to the petition within four weeks of time.
The court also directed the respondents that claim of the petitioners notwithstanding with government order shall remain in force.
The writ petition with a case title 'Mukhtar Ahmed Lone & others vs State & others' filed by 24 petitioners through Advocate Jahangir Iqbal Ganai & Associates, challenging the Government Order bearing no. 919- Edu.
The petitioners sought 'whether in law it is permissible for the respondents 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 put to advertisement, by issuing an executive order withdrawing the advertisement notices and panels prepared.'
The petitioners have approached the court challenging the decision of respondents denying them of their right to be engaged as ReT earned by the petitioners after participating in the selection process. The court already had directed the respondents to conclude the selection process and engage the petitioners thereto.
"The government order passed has directly an effect of overruling and reversing the judicial dictum," the fresh writ states.
The petition states that notwithstanding with the court orders, the respondents have issued an executive order for formal closure of ReT scheme and cancellation of all the advertisements and panels prepared by them.
It is further stated through the petition that the order passed by respondents has overlooked the court orders and has an effect of over reaching the directions passed by this court.
The petitioners through the petition have also submitted that every authority is duty bound to implement court orders in letter and spirit.
It was further stated that when act is done in violation of court orders, it is duty of court to rectify the things done in violation of its orders.
“The judgment which is the end product of judicial process cannot be set at naught by the process of policy decision. If such things are things are permitted, governance of our democracy as per rule of law would be in jeopardy and mutilate the finality of Judicial verdict,” the petition states.
The petition further reads that the state in law cannot be directly or indirectly allowed to set aside authoritative and binding finding of the fact by court particularly in situations where the state is a party in the litigation and final judgment was delivered after hearing them.
The petitioners have stated that reasons introduce clarity in an order but respondents have given no reason whatsoever to close the scheme and withdraw all the advertisements. “Absence of reason renders the order as arbitrary and not sustainable,” the petition rues.
It was further stated that petitioners have been subjected to invidious discrimination and therefore the government order bearing no.919 -Edu be overturned for the cause of justice and direction be passed to respondents to consider and engage the petitioners in light of court orders.

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