Jammu and Kashmir High Court
SWP/740/2010 of RIFAT JAHAN Vs STATE TH.EDUCATION DEPTT. on 6 July 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU SWP No. 740/2010 Rifat Jahan …..Appellant(s)/Petitioner(s) Through: Mrs. Surinder Kour, Sr. Advocate with Mr. Michal Singh Dogra, Advocate vs State of J&K and ors. .…. Respondent(s) Through: Ms. Saliqa Sheikh, Advocate vice Mr. Raman
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
SWP No. 740/2010
Rifat Jahan
…..Appellant(s)/Petitioner(s)
Through: Mrs. Surinder Kour, Sr. Advocate with Mr. Michal Singh Dogra, Advocate
vs
State of J&K and ors.
.…. Respondent(s)
Through: Ms. Saliqa Sheikh, Advocate vice Mr. Raman Sharma, AAG
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER (ORAL)
06.07.2026
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1. The petitioner has filed this petition to grant her the benefit of seniority on the post of Rehbar-e-Taleem Teacher retrospectively w.e.f. February, 2004 from the date the similarly situated persons who were selected and appointed in the same panel in which the petitioner also figured.
2. It is stated by the petitioner that she had earlier filed the writ petition bearing SWP No. 787/2004, which was disposed of by the Coordinate Bench of this Court to consider the case of the petitioner for appointment as Teacher under the Rehbar-e-Taleem Scheme and pursuant to that order only, the petitioner was considered and appointed as RET Teacher.
3. The official respondents in their response have stated that only 06 vacancies were advertised, due to oversight, as 08 vacancies were in fact were available. In compliance to the directions issued by the Serial No. 33
2 SWP No. 740/2010
Coordinate Bench of this Court in SWP No. 787/2004, the petitioner was engaged as 3rd Teacher vide order dated 30.12.2005 on available vacant post of 3rd Teacher in M S Sawani. After the petitioner was engaged as RET, she was also regularized and she even received in situ promotion on the basis of date of her engagement i.e. 30.12.2005.
4. As the petitioner was appointed against the post which was never advertised, as only 06 posts of RET were advertised and she was appointed pursuant to the directions of this Court only, this Court does not find any reason to show indulgence and more so, when the petitioner has already been granted in situ promotion on the basis of her engagement dated 30.12.2005. Accordingly, nothing survives for adjudication.
5. The present petition is, accordingly, disposed of.
(RAJNESH OSWAL)
JUDGE
Jammu 06.07.2026 Neha-II
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No NEHA KUMARI 2026.07.06 17:35 I attest to the accuracy and integrity of this document