Serial No. 17 Regular list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR SWP 1885/2013 RUBYA JAN ….. Appellant/petitioner(s) Through: - Mr. Rizwan, Advocate V/s STATE OF JK AND OTHERS. (EDUCATION DEPTT ….. Respondent(s) Through: - Mr. Bikramdeep Singh, Dy. AG CORAM: HON’BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 31.08.2026 01. Pursuant to Advertisement Notice dated 31.01.2012, petitioner claims to have applied for selection/engagement against one post of Teacher under Rehbare-e-Taleem (ReT) Scheme in Government Middle School, Narupora. According to the petitioner, Zonal Education Officer, Bidder Kokernag-respondent No. 4, framed the panel in which she figured at serial No. 1 and private respondent was placed at serial No. 7. According to the petitioner, in the said panel, remarks as to the parental and residential status of the private respondent were made and she also filed a complaint against the inclusion of the private respondent in the panel. 02. Petitioner has invoked the writ jurisdiction of this Court for the following reliefs: - “ I. Certiorari quashing, the impugned PRC and RBA Certificate of the private respondent issued by the respondents 5 and 6. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document II. Mandamus commanding, the official respondents especially the respondents 1 to 04 to proceed ahead in the matter and finalize the selection of ReT Teacher in Govt. Middle School Narupora. III. Mandamus commanding, the respondent Deputy Commissioner, Anantnag to decide the appeal of the petitioner filed for cancellation of PRC and RBA certificate of private respondent and convey the decision of same to the petitioner. IV. Mandamus commanding, the official respondents 1 to 4 to select/engage the petitioner as RET teacher for Govt. Middle School Narupora as she being meritorious candidate. V. Prohibition prohibiting, the official respondents from selecting/engaging the private respondent as RET Teacher for Middle School Narupora. VI. Any other relief order or direction as the Hon’ble Court deems fit and proper in the circumstances of the case be passed in favour of the petitioner and against the respondents.” 03. Reply stands filed, a perusal whereof reveals that Permanent Resident Certificate (PRC) of private respondent namely Jameela Jan D/o Ali Mohammad Kumar R/o Mehmoodabad Dooru, shown as Jameela Jan D/o Ali Mohammad Kumar R/o Narupora Tehsil Kokernag District Anantnag, stands cancelled in terms of Government order No. Rev/PRC/156 of 2015 dated 23.10.2015. It is stand of the official respondents that due to the cancellation of PRC of the private respondent, the petitioner in accordance with her merit position comes at serial No. 1 and is eligible for engagement among all empanelled candidates. 04. Pertinently, the Government vide order No. 919-Edu of 2018 dated 16.11.2018, accorded sanction to the formal closure of the ReT Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document Scheme and RET teacher recruitment/engagement process notified vide Govt. order No. 396- Edu of 2000 dated 28.04.2000. 05. Meanwhile, however, Hon’ble Supreme Court in UT of J&K and Ors. Vs. Saba Wani and connected matters; 2026 INSC 439 held that cancellation/withdrawal of RET scheme shall not retrospectively impair the rights of the candidates found placed in the select panel and passed following directions: - “ i. The Closure Order of ReT Scheme dated 16.11.2018 for cancellation/withdrawal shall not retrospectively impair the right of the candidates found placed in the select panel. In view of the discussion made hereinabove, the candidates placed in respective select panel shall be issued engagement/ appointment orders as per their position in the select panel having regard to the available vacancies. ii. The State shall issue the formal engagement orders to the candidates of select panel within a period of eight weeks in terms of the direction (a) above. iii. Candidates appointed as per directions (a) and (b) from the select panel under RET Scheme are directed to acquire minimum qualification prescribed under NCTE Regulations and Notifications, including to qualify the TET, within 3 years and 3 attempts from date of their engagement/appointment. In this regard, the State is directed to organize the TET annually. After successfully acquiring the minimum qualification and passing TET within prescribed time limit, the services of such appointees shall be, accordingly, regularized on completion of two years of service thereafter. iv. The direction (c) above shall be applicable to the other similarly situated candidates who have already been appointed from the select panels under the ReT Scheme after 23.08.2010 i.e., the date of NCTE notification prescribing minimum qualifications and prior to the issuance of Closure Order, and do not possess minimum qualification including TET as per the notification of NCTE. However, those appointees shall acquire prescribed qualification within the time as specified in direction (c). Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document v. It is obligatory upon this Court to direct that once the candidates/appointees under the ReT Scheme have acquired the prescribed qualifications and qualified the TET as indicated the competent authority of the State, maintaining their respective positions in the select panels uninfluenced by the date of appointment, joining or regularization. The inter se seniority shall also be determined accordingly. vi. It is further directed that if the candidates/appointees including those already appointed and regularized who do not acquire/possess the requisite qualifications in terms of the NCTE notifications and fail to qualify the TET within the period prescribed hereinabove, the State is at liberty to dispense with their services as the mandate of Article 21-A of the Constitution of India cannot be left at altar even while rendering complete justice invoking Article 142 of the Constitution of India. It is further clarified that those candidates/appointees would not have any claim with respect to seniority or regularization as directed hereinabove. vii. The directions issued hereinabove are in rem and shall apply mutatis mutandis to the candidates already appointed pursuant to 74 advertisements that are subject matter of present proceedings, though they are not party to the present appeals. In view thereof, this judgment shall be widely publicized, and all the candidates/appointees shall be duly informed of these directions so that they can take recourse for acquiring the minimum qualification as per NCTE Regulations and Notifications, if they have not already acquired the same. viii. The directions contained in clauses (a) to (g) hereinabove shall apply to all the candidates who are litigating in any Court and such cases have been filed prior to the date of this judgment. It is further clarified that candidates who have not already filed cases in any Court shall neither acquire any fresh cause of action by virtue of these directions nor be entitled to seek any further directions from any Court in that regard. ix. At the cost of repetition, it is clarified that this judgment shall not be construed as reviving the ReT Scheme for any purpose whatsoever, nor shall it be interpreted so as to create or confer any right upon candidates who were not part of a prepared select panel or who failed to approach the Court timely. Moreover, these directions are being issued in the peculiar facts and circumstances of this case invoking the power under Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document Article 142 of the Constitution of India and it shall not be treated as precedent in any manner whatsoever. x. In view of the observations made in para 24 above, we believe that the State Government shall apply their mind to the facts and circumstances of the case and the situation prevalent in the State and to take an appropriate decision with respect to the revision of the honorarium of such teachers as they deem fit.” 06. It is stand of the respondents that in compliance to the aforesaid directions of Hon’ble Supreme Court, the School Education Department, J&K in terms of Government Order No. 230-JK(Edu) of 2026 dated 15.06.2026, appointed a Nodal Officer for overall examination, monitoring, coordination, and supervision of all the matters relating to the interpretation and implementation of the judgment and case of the petitioner is under active consideration. 07. Mr. Rizwan, learned counsel for petitioner has fairly submitted that present petition, in the light of the stand taken by the respondents is required to be disposed of. His statement is taken on record. 08. In view of the above, present petition is disposed of with a direction to the respondents to consider the claim of petitioner in the light of applicable rules and afore-quoted directions of Hon’ble Supreme Court in “Saba Wani” within a period of eight weeks from the date copy of this order is made available. 09. Disposed of along with connected CM(s). (RAJESH SEKHRI) JUDGE SRINAGAR 31.08.2026 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document