S. No. 150 Suppl.1 List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.935/2025 \ Dr.Ania Tullah Bhat and Ors …..Petitioner(s) Through: Mr.Ateeb Kanth, Advocate. V/s Union Territory of Jammu and Kashmir and Ors …..Respondent(s) Through : None CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 29.04.2025 1. The petitioners through the medium of present petition have challenged communication dated 15.04.2025, issued by Deputy Secretary to the Government, Department of School Education to the Director School Education, conveying to him approval to the hiring of services of the Cluster Resource Coordinators already in place for the academic session 2024-25. 2. The petitioners have sought a further direction that the respondents be asked to issue a fresh advertisement notice for hiring on temporary basis Cluster Resource Coordinators for teaching support in Govt. High and Higher Secondary Schools of various districts of Kashmir Division. 3. The petitioners claim that they are qualified teachers and after going through the selection process pursuant to notification dated 09.08.2023, they were engaged as Cluster Resource Coordinators in various disciplines by the Education Department. The tenure of WP(C)No.935 of 2025 2 | P a g e engagement of the petitioners was to expire on 31.03.2024. It has been submitted that for the academic year 2024-25 a similar notification came to be issued on 19.06.2024 and in the said notification it was also provided that the engagement would come to an end on 31.03.2025. However, vide the impugned communication approval has been accorded to hiring of services of the candidates who were engaged pursuant to notification dated 19.06.2024 for another academic session. 4. The petitioners are aggrieved of this action of the respondents on the ground that the same is arbitrary and discriminatory as against the petitioners. It has been submitted that it was not open to the respondents to extend the engagement of candidates who were engaged pursuant to notification dated 19.06.2024, as the same is against the terms and conditions of the said advertisement notice. According to the petitioners the aforesaid action of the respondents has obliterated the chances of the petitioners to participate in the fresh selection and, as such, their fundamental rights have been violated. 5. I have heard learned counsel for the petitioners and perused the record. 6. By virtue of the impugned communication the Government has granted approval to the extension of services of Cluster Resource Coordinators who had been engaged for the academic session 2024-25 for another academic session. The said action of the respondents appears to be in tune with the legal position that one set of temporary employees cannot be replaced by another set of WP(C)No.935 of 2025 3 | P a g e temporary employees. (Refer Md. Abdul Kadir & Anr. v/s DGP Assam and Ors (2009) 6 SCC 611). It seems that the respondents after having taken note of various judgments of this Court and of the Supreme Court, which lay down that procedure of annual termination and replacement by a similar arrangement is not permissible in law, have accorded approval to academic arrangement which they have made in the previous academic session, thereby setting right a wrong which they have been committing during the previous years. The petitioners have no right to question the aforesaid action of the respondents which is absolutely in tune with the legal position on the subject. 7. Apart from the above, a prospective candidate has only a right to participate in the selection process once advertisement notice is issued. Prior to that stage, a prospective candidate cannot seek a direction upon an employer to issue advertisement notice for filling up of a post. Therefore, the relief of mandamus sought by the petitioners against the respondents asking them to issue fresh advertisement notice is not available to them in law. 8. For the foregoing reasons, I do not find any merit in this petition. The same is accordingly dismissed. (SANJAY DHAR) JUDGE SRINAGAR 29.04.2025 Sarveeda Nissar 1. 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 01.05.2025 13:55