RUBEENA BANO v. UNION TERRITORY OF J AND K (SCHOOL EDUCATION) AND OTHERS
WP(C)/3263/2025 · 2025-12-27
Sanjay Dhar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 10522 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10522 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No.58 Suppl.1 List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) No. 3263/2025
CMNo.8777/2025
Date of pronouncement: 27.12.2025
Uploaded on: 29.12.2025
RUBEENA BANO
…..Petitioner(s)
Through: Ms. Sabreena Fayaz, Advocate
V/s
UNION TERRITORY OF J AND K AND OTHERS
.....Respondent(s)
Through : None
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
JUDGMENT (ORAL)
1. The petitioner through the medium of present writ petition has sought a direction upon the respondents to consider and issue appointment order in her favour against the post of Helper/Aaya under the ECCE Scheme in Primary School Tengripora Gowass pursuant to Advertisement Notice dated 11.11.2023. She has also challenged the Advertisement Notice dated 10.06.2024, whereby fresh applications for engagement of Helper/Aaya under ECCE in respect of Primary School, Tengripora have been invited. 2. Heard learned counsel for the petitioner and perused record of the case. WP(C) No.3263 of 2025 Page 2 of 4
3. It appears that Advertisement Notification dated 11.11.2023 came to be issued by respondent No.4, whereby, inter alia, applications were invited for engagement of Helpers/Aayas under ECCE in Primary School Tengripora. It also appears that the petitioner and one Rubeena Karim applied for the said post in pursuance of the aforesaid Advertisement Notice. A panel of candidates was prepared by the Selection Committee and Ms Rubeena Karim was placed at S.No.1 of the said panel, whereas the petitioner was placed at S.No.2. 4. It also appears that the petitioner filed objections to the said panel alleging that Ms Rubeena Karim is not the resident of the relevant area on the ground that she has shifted after her marriage and is residing in a different village. An enquiry was conducted by the respondents into the issue and the process of selection was not taken to its logical conclusion. During the enquiry/verification it came to the fore that Ms Rubeena Karim has entered into wedlock with Nisar Ahmad Mirasi who lives in a different village. On 18.03.2024, Tehsildar Shangus reported that the aforenamed Nisar Ahmad Mirasi, husband of Rubeena Karim is residing in revenue village Chowgam. In the meantime, another Advertisement Notice came to be issued by respondent No.5 on 10.06.2024, whereby applications were invited for engagement of Helper/Aaya, inter alia, for Primary School Tengripora. WP(C) No.3263 of 2025 Page 3 of 4
5. The contention of the petitioner is that without cancelling the first Advertisement Notice or without taking the process initiated vide the said Advertisement Notice to its logical conclusion, respondent No.5 could not have issued the impugned Advertisement notice dated 10.06.2024. 6.
In the above context it is to be noted that Advertisement Notice dated 11.11.2023 was limited to the engagement of Aayas for financial year 2023-2024 and the engagement was co-terminus with the said financial year, which is clearly stipulated in the advertisement notice. Since the enquiry/credentials of selected candidate, namely Rubeena Karim, stretched up to March, 2024, therefore, by that time the financial year 2023-2024 had come to an end. In these circumstances, there was no need to cancel the Advertisement Notice dated 11.11.2023 before issuing a fresh Advertisement Notice for engagement of Aayas for the financial year 2024-2025. The said Advertisement Notice is also restricted to one financial year and the engagement is co-terminus with financial year 2024-2025, meaning thereby that after culmination of financial year a fresh Advertisement Notice has to be issued by respondent No.5. If the selection process is not concluded within a particular financial year, the Advertisement Notice automatically lapses and there is no need to issue a cancellation or withdrawal of the Advertisement Notice. WP(C) No.3263 of 2025 Page 4 of 4
7. In these circumstances there was no need for the respondents to cancel the subject advertisement notice nor can the respondents proceed to conclude the selection process in respect of the said advertisement because the same has lapsed with efflux of time. 8. For the foregoing reasons, I do not find any merit in this petition. The same is, accordingly, dismissed. (SANJAY DHAR)
JUDGE
SRINAGAR 27.12.2025 Sarveeda Nissar
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 29.12.2025 18:06