MOHAMMAD AMIN AHANGER v. STATE OF JK AND OTEHRS. (EDUCATION)
SWP/2678/2017 · 2026-06-05
body2017
DailyLaw.ai
[ 2017 DAILYLAW 1369 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2017 DAILYLAW 1369 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (THROUGH VIRTUAL MODE)
Case No.: SWP No. 2678/2017
Mohammad Amin Ahanger ..... Petitioner(s)/Appellant (s)
Through :- Mr. Saqib Amin Parray, Advocate
v/s State of J&K and Ors. .....Respondent(s)
Through :- Mr. Hakim Aman Ali, Dy.AG
CORAM: HON’BLE THE CHIEF JUSTICE (ACTING)
ORDER 05.06.2026
The Short case setup by the petitioner in this petition is that Zonal Education Officer (ZEO), Devsar vide its notification issued on 07.08.2013 invited applications for filling of one post of 3rd ReT in middle School, Hakradan, for which, five candidates including the petitioner submitted their application forms before the cutoff date.
On the basis of merit of the candidates, the ZEO prepared penal of two meritorious candidates. The petitioner was admittedly at serial No. 01 of the penal. It seems that the tentative select penal prepared by the ZEO was called in question by one candidate, namely, Matloob Hamid Wani before the Court of Additional Deputy Commissioner, Kulgam with a plea to cancel the RBA certificate issued in favour of the petitioner.
The Additional Deputy Commissioner, Kulgam vide his communication dated 18.02.2014 requested the ZEO concerned to process the selection of ReT candidate by indicating that that the petitioner was Khana-Damad since the year, 2011 and was residing in village Hakradan. The CEO Kulgam considered all the relevant documents and issued a tentative select penal indicating the name of the petitioner as proposed selectee for the position in question. The tentative select penal published by the ZEO concerned was assailed by the candidate-Matloob Hamid Wani in SWP No. 358/2014 which came to be dismissed by this Court vide order dated 06.05.2014.
Sr. No. 09
Before the respondents could take a tentative select penal to logical end, there erupted a controversy with regard to implementation of screening test prescribed for ReTs. After the controversy with regard to screening test for ReTs was over, the matter came up for consideration of the respondents but no formal
order of engagement in favour of the petitioner could be issued due to closure of ReT scheme in terms of the Government Order No. 919 EDU of 2018 dated
16.11.2018. The closure of scheme became a subject matter of challenge in this Court and matter, ultimately, landed before the Supreme Court.
Due to pendency of the matter before the Supreme Court, the petitioner, who was otherwise entitled to be engaged as ReT could not be given the formal order of appointment.
Now, the controversy has been set at rest by the Supreme Court in its
Judgment dated 30.04.2026 passed in SLP(C) No. 12210 of 2023 (Union Territory of Jammu & Kashmir and Ladakh and Ors. Vs. Saba Wani).
That being so, there is now no impediment in the way of respondents to act upon the tentative select penal which upon expiry of 15 days period kept for filing objections shall be deemed to have become final.
In view of the aforesaid admitted position, this petition is allowed and direction is issued to the respondents to issue a formal order of appointment in favour of the petitioner as 3rd ReT in the Middle School, Hakradan falling in Education Zone, Devsar, in the light of the judgment of the Supreme Court (Supra). Let the needful be done within a period of two months, from the date a copy of this order is served upon the respondents.
(SANJEEV KUMAR)
CHIEF JUSTICE (A)
JAMMU 05.06.2026 Suraj K. Singh