Jammu and Kashmir High Court
SWP/973/2012 of REENA KUMARI Vs STATE TH.EDUCATION DEPTT.AND ORS. on 8 July 2026
115 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU SWP No. 973/2012 Reena Kumari …. Appellant(s)/Petitioner(s) Through:- Mr. C. M. Koul, Sr. Advocate with Mr. A . R. Bhat, Advocate. V/s State of J&K & Ors. …..Respondent(s) Through:- Mr. Anishwar Chatterjee Koul, GA.
Sr. No. 115
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
SWP No. 973/2012
Reena Kumari
…. Appellant(s)/Petitioner(s)
Through:-
Mr. C. M. Koul, Sr. Advocate with
Mr. A. R. Bhat, Advocate.
V/s
State of J&K & Ors.
…..Respondent(s)
Through:-
Mr. Anishwar Chatterjee Koul, GA.
Ms. Saliqa Sheikh, Advocate.
CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
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ORDER
08.07.2026
1. The present writ petition has been filed by the petitioner seeking the quashing of Order dated 07.06.2011 issued by the Chief Education Officer, Doda, whereby respondent No. 5 was deemed to have been engaged as a Rehbar-e-Taleem (ReT) with immediate effect in the newly converted Government Primary School, Korapani..
2. Learned Senior Counsel appearing for the petitioner submitted that, upon the conversion of the EGS Centre, Korapani, into Government Primary School, Korapani, one post of Rehbar-e-Taleem (ReT) Teacher became available. However, instead of filling the said post from amongst the eligible candidates residing in Mohra Korapani or in any Mohra contiguous thereto, the official respondents proceeded otherwise.
3. The official respondents have filed their response, stating therein that one Nishat Begum was working as an Education Volunteer (EV) at EGS Centre, Lamba Bagh. However, the said centre was closed owing to the rise in the water level of the River Chenab on account of the construction of the Baglihar Dam. Thereafter, Nishat Begum approached this Court by filing a writ petition, contending that her services ought not to be terminated as the closure of the EGS Centre was not attributable to any fault on her part.
4. It is further stated that, pursuant to the directions issued by the High Court vide order dated 19.07.2010, the competent authority passed a speaking order whereby EGS Centre, Lamba Bagh was clubbed with EGS Centre, Korapani, and the merged centres were converted into Government Primary School, Korapani. Thereafter, the claim of Nishat Begum was considered and she came to be engaged as a Rehbar-e-Taleem (ReT) Teacher against the available post.
5. It is submitted that there was no mala fide on the part of the official respondents.
6. In view of the judgment rendered by the Hon'ble Supreme Court in Union Territory of Jammu & Kashmir v. Saba Wani, the claim advanced by the petitioner cannot be entertained. The Hon'ble Supreme Court has categorically held that only those candidates who are placed in the respective select panels are entitled to be issued engagement/appointment orders, strictly in accordance with their merit position in the select panel and subject to the availability of vacancies. The Hon'ble Supreme Court has further clarified that the said judgment shall not be construed as reviving the Rehbar-e-Taleem (ReT) Scheme for any purpose whatsoever.
7. In the light of the aforesaid authoritative pronouncement, the relief sought by the petitioner is not legally sustainable and, accordingly, the writ petition is dismissed. Pending applications, if any, shall also stand disposed of.
(Rajnesh Oswal) Judge
JAMMU 08.07.2026. Neha-1
Neha Kumari 2026.07.09 10:30 I attest to the accuracy and integrity of this document