Kousar Parwaz vs D/O EDUCATION UT OF J & K on 22 October 2026

1. The matter has been taken up for consideration in M.A. No. 1352/2026, filed for placing on record the relevant judgments passed by the Hon’ble High Court and the Hon’ble Supreme Court concerning the Rehbar-e-Taleem Scheme and in M.A. No. 1256/2026, filed by the applicants seeking transfer/remittal of the accompanying T.A. No. 51/2021 to the Hon’ble High Court of Jammu & Kashmir and Ladakh.

2. Learned counsel for the applicants submits that the accompanying T.A. originated from SWP No. 1126/2014, which was instituted before the Hon’ble High Court and subsequently transferred to this Tribunal following its establishment. It is submitted that, pursuant to a notification issued in August 2013 by the Zonal Education Officer, Batamaloo, inviting applications for engagement of Rehbar-e-Taleem Teachers in the newly upgraded Government Boys Middle School, Shalteng, the applicants participated in the selection process and were shown as tentatively selected in a notification published on 09.11.2013. However, despite awaiting issuance of engagement orders, the official respondents did not issue the same and, as per information subsequently obtained under the RTI Act, private respondents were instead selected for engagement as ReTs in the said school.

3. Learned counsel for the applicants further submits that the claim raised in the original writ petition concerns engagement under the Rehbar-e-Taleem Scheme on a contractual basis and does not involve regularisation against a substantive post. It is, therefore, contended that the matter requires adjudication by the Hon’ble High Court and ought to be remitted to that Court.

4. Learned counsel for the applicants further submits that the judgment dated 04.02.2023 passed by the Hon’ble Division Bench of the High Court of Jammu & Kashmir and Ladakh in Rukhsana Jan and Others v. Union Territory of J&K and Others, the judgment dated 30.04.2026 passed by the Hon’ble Supreme Court in Union Territory of J&K v. Sabha Wani, and an order passed by this Tribunal in a similar matter have a bearing on the controversy involved in the accompanying T.A. Accordingly, permission has been sought to place the aforesaid judicial pronouncements on record for appropriate consideration.

5. Learned counsel for the respondents, while making submissions in the matter, also submits that, having regard to the nature of the controversy involved and the fact that the original proceedings emanated from a writ petition instituted before the Hon’ble High Court, the matter may appropriately be remitted to the Hon’ble High Court of Jammu & Kashmir and Ladakh for consideration and adjudication in accordance with law. Learned counsel, accordingly, supports the prayer for remitting the matter to the Hon’ble High Court.

6. We have considered the submissions advanced by learned counsel for the parties and examined the nature of the reliefs sought in both miscellaneous applications. The accompanying T.A. arises out of a writ petition originally instituted before the Hon’ble High Court and concerns the applicants’ claim for engagement under the Rehbar-e-Taleem Scheme. The applicants have specifically contended that their claim relates to contractual engagement and does not involve regularisation against a substantive post. The judicial pronouncements sought to be placed on record are also stated to have a bearing on the controversy concerning the closure of the scheme and the claims arising thereunder.

7. In the circumstances, we find that the documents sought to be placed on record are relevant for consideration of the controversy involved in the main matter. The request for taking the same on record is, therefore, allowed. Further, having regard to the nature of the claim raised in the original writ petition, the jurisdictional issue raised by learned counsel for the applicants and the submissions advanced on behalf of the respondents, we consider it appropriate that the matter be remitted to the Hon’ble High Court for consideration and adjudication in accordance with law.

8. Accordingly, M.A. No. 1256/2026 and M.A. No. 1352/2026 are allowed. The documents annexed with M.A. No. 1352/2026 are taken on record.

9. Consequently, T.A. No. 51/2021, arising out of SWP No. 1126/2014, is remitted to the Hon’ble High Court of Jammu & Kashmir and Ladakh at Srinagar for adjudication in accordance with law. The Registry shall take the necessary steps for transmission of the original record of the case to the Hon’ble High Court.

10. It is clarified that no opinion is being expressed on the merits of the applicants’ claim for engagement, which shall be considered by the Hon’ble High Court in accordance with law.

11. Both miscellaneous applications stand disposed of accordingly. Prasant Kumar Member (A) Justice Ritu Tagore Member (J) Devendra Tripathi ( steno 'd' )