J&K HC | Court cannot direct appointment when Govt. has cancelled the advertisement for engagement

Jammu and Kashmir High Court: Ali Mohammad Magrey, J. dismissed a Writ Petition on the basis of formal closure of ‘Rehbar-e-Taleem Teachers’ (ReT) scheme by Government’s order.

A writ petition was filed by the petitioner requesting the High Court to issue a Writ of Mandamus commanding the respondents to select the petitioner and appoint him on the basis of merit eligibility against the post of ReT in a newly opened school. Respondent 7, who was placed at Serial 1, got less percentage than the petitioner, who was placed at Serial 3, and also her certificate was not certified by the University Grant Commission. The petitioner raised an objection to that.

The learned senior Additional Advocate General, entering on the behalf of the respondents, submitted that the government has formally sanctioned the closure of the ReT scheme vide Government Order No. 919-Edu of 2018, and therefore no indefeasible right has accrued to the petitioner claiming her appointment.

The Court held that since the government had formally withdrawn the appointment under ReT scheme, the Court could not direct the respondent to appoint the petitioner against a non-existing position. The Court was of the view that when the Government had taken a policy decision canceling all the advertisements for engagement of ReT,  the Court could not direct appointment against such post.

Hence, the writ petition was held to be devoid of any merit and dismissed in limine. However, the petitioner was granted liberty to challenge the Government Order No. 919-Edu of 2018.[Rayees Qadir Padder v. State of J&K, 2019 SCC OnLine J&K 418, decided on 07-05-2019]

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