Excelsior Correspondent
Srinagar, Dec 6: High Court today directed that the scrapping of Rehbar-e-Taleem scheme by the Government would not apply to the petitioners as court before this decision had decided their fate.
Justice Ali Mohammad Magrey after issuing notice to the authorities for filing of reply to the contentions raised in the petitions filed by about hundreds of candidates said prima facie it appears that the decision of the Government has impacted the judicial orders.
Court after hearing the senior counsel appearing on behalf of these petitioners at length directed as interim relief the claim of the petitioners pending decision in the writ petitions notwithstanding the Government decision shall remain in force.
That the petitioners prior to the Government decision scrapping the ReT Scheme had approached the court through the medium of various writ petitions challenging the decision of the respondents, denying them of their right to be engaged as ReT as earned by them after participating in a selection process.
These writ petitions have been allowed and the respondents have been directed to conclude process of selection and engage the petitioner there to and notwithstanding the direction issued by the court, petitioners submit that the Government issued an order bearing No. 919-Edu of 2018 dated 16.11.2018 in terms whereof all the advertisement notices and panels prepared have been deemed to have been cancelled.
“The order has an effect of overreaching the orders/judgments passed by this court and every authority under law is duty hound to implement the direction passed by the courts in letter and spirit”, Advocate Jehangir submitted.
He in his submission before the court said that when act is done in violation of an order or judgment, it is a duty of the court to set the wrong right and put the parties in the same position as they stood immediately prior to issuance of the order passed in violation o the court direction by giving appropriate direction for remedying and rectifying the things done in violation of its orders.
“Whether in law it is permissible for the respondents to nullify a judicial dictum and judgment in terms whereof the respondents have been directed to conclude the process of selection and engage the Petitioners against the posts put advertisement, by issuing an executive order withdrawing the advertisement notices and the panels prepared”, reads the petition.
The petition says that the authorities have no power to give effect to the order retrospectively in such cases where there is a judicial dictum to conclude the process of selection and appoint the petitioners against the post put to advertisement.
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