Jammu and Kashmir High Court

WP(C)/2863/2021 of VIJAY KUMAR Vs UT OF J AND K TH COMMISSIONER SECRETARY EDUCATION DEPTT JAMMU AND OTHERS on 13 July 2026

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63 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2863/2021 Vijay Kumar …. Appellant(s)/Petitioner(s) Through:- Ms. Manpreet Kour, Advocate. V/s UT of J&K and Ors. …..Respondent(s) Through:- Mr. Suneel Malhotra, GA. CORAM : HON’BLE MR. JUSTICE RAJNESH

Sr. No. 63

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 2863/2021

Vijay Kumar

…. Appellant(s)/Petitioner(s)

Through:-

Ms. Manpreet Kour, Advocate.

V/s

UT of J&K and Ors.

…..Respondent(s)

Through:-

Mr. Suneel Malhotra, GA.

CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

13.07.2026

1. The petitioner had earlier filed the writ petition bearing SWP No. 1207/2010 which was disposed of by the co-ordinate Bench of this Court in terms of Order dated 23.02.2016 whereby the respondents were directed to claim to the petitioner on the basis of stand taken in the reply under rules/instructions/scheme. As the said order was not complied, the petitioner filed the contempt petition which was disposed of by the co- ordinate Bench of this Court in terms of order dated 07.12.2021 granting liberty to the petitioner to challenge the order of consideration in accordance with law.

2. The petitioner has filed this petitioner impugning the order dated 26.03.2019. The order dated 26.03.2019 has been passed on the ground of closure of ReT scheme in terms of Government Order dated 16.11.2018.

3. Ms. Manpreet Kour, learned counsel submits that the case of the petitioner be considered in light of judgment of Hon’ble Supreme Court of India rendered in “UT of J&K v. Saba Wani”.

WP(C) No. 2863/2021

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4. Mr. Suneel Malhotra, learned GA is not averse to the submission made by learned counsel for the petitioner.

5. Accordingly, order dated 26.03.2019 is set aside and the respondents are directed to consider the claim of the petitioner in light of directions of Hon’ble Supreme Court of India in case titled “UT of J&K v. Saba Wani.”

(Rajnesh Oswal) Judge

JAMMU 13.07.2026. Neha-1

Neha Kumari 2026.07.14 10:56 I attest to the accuracy and integrity of this document

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