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Judgment
The writ petition has been filed for the following reliefs:
(i) A writ in the nature of Certiorari by quashing Government Order 184-Edu of 2016 dated 24.05.2016 as same does not apply to
the petitioner.
(ii) A writ of Mandamus may be issued whereby respondents may be directed to finalize the selection process by issuing formal
appointment order in favour of the petitioner.
A writ in the nature of Mandamus, directing respondents to consider and appoint petitioner against the post of ReT pursuant to the
advertisement Notice published on 10.06.2014 from the date the other candidate stands appointed i.e. 2014 and release all
consequential benefits in favour of the petitioner.
Today when the matter came up for hearing, learned counsel for the petitioner stated that the issue involved in the instant writ petition is squarely
covered by the judgment of this Court dated 19th May, 2017, rendered in the case of ''Mohammad Iqbal Bhat & Ors V. State of JK & Or s, in
SWP No.1791/2016 along with other connected matters'' , Paragraph Nos. 4 to 10 whereof are reproduced as under:
The issue that arises for consideration is as to whether the term ''existing panel'' in the Gover nment order No. 184-Edu of 2016
dated 24.05.2016 would include the selected candidates who hold the degrees from recognized Colleges / Universities or is it
restricted to candidates of study centers. The scope of the Government order as has been interpreted by the Coordinate Bench of
this Court in SWP No. 350/2017 on 06.03.2017 is to the effect that the candidates whose name figure in a Panel and have obtained
Degrees from Regular Universities / Colleges will not come within the purview of the Government order and it does not apply to
them.
The interpretation as propounded by the State counsel, Mr. A. M. Mir and Mr. Sheikh Manzoor is that the term ''select panel''
includes all candidates who are in a select panel and that they should also be subjected to screening test is a misconception because
the scope of the Government order is only to screen the candidates who apply for Rehbar-i-Taleem Teachers'' post on the basis of
Degrees obtained from Study Centers and seeking appointment / engagement. The object is to ensure that the unqualified teachers do
not form a part of the education system. The object is to enhance the quality of education in the State at the gross root level.
Learned counsels for the State during the course of the arguments produced a communication bearing No. Edu/L/K/71/2015-A
dated 27.04.2017 and states that the respondents are going to conduct the screening test of ReTs on 28th May, 2017. The said
communication is taken on record.
On a reading of the above said Government order and the object behind the same, it is evident that if the petitioners have obtained
Degrees from recognized Universities and Colleges and their names figure in the existing panel, the Government order dated
24.05.2016 will not apply to them. The Government order read as a whole applies only in respect of candidates who have obtained
degrees from Study Centers and it includes such of those candidates whose name find in the select panel holding degrees from study
centers. Hence the Gover nment order will not affect candidates '' degr ee holders from recognized Universities / Colleges.
The authenticity of the degrees obtained by all or every candidate can however be subjected to verification on validity and
recognition. A candidate whose name figures in the panel and if he holds a degree from the valid and recognized University / College
will not be covered by the Government order No.184-Edu of 2016 dated 24.05.2016. It applies only to the category specified
therein. If the Government wanted to include all candidates it would have stated so. It is not the case here.
The certificates of all the petitioners / candidates as to the validity of their degrees shall be verified by the competent authority as
expeditiously as possible and appropriately dealt with for appointment / engagement, if found otherwise eligible.
In view of the above, the relief of certiorari is declined, however, all the writ petitions are disposed of along with connected MPs
in the manner stated as above.
Mr. Sheikh Manzoor, learned Dy. AG, states that the authority will consider the claim of the petitioner after verifying if the aforementioned
decision will apply to the petitioner and, thereafter, a decision will be taken in the matter on its own merits.
In view of statement of learned counsel for the petitioner, this writ petition along with connected MP(s) shall stand disposed of with a direction
to the respondents to consider the claim of the petitioner in terms of the judgment dated 19th May, 2017 passed in ''SWP No.1791/2016 along
with connected matters'' (supra) as may be applicable.