Jammu & Kashmir High CourtReeta Sharma vs Ut Of J&K And Others on 6 February, 2023Sr. No.39\n\n\n\n\n          HIGH COURT OF JAMMU & KASHMIR AND LADAKH\n                          AT JAMMU\n                                                          WP(C) No.2524/2021\n\nReeta Sharma                                           .....Appellant(s)/Petitioner(s)\n\n                          Through: None\n\n                 Vs\n\nUT of J&K and others                                               ..... Respondent(s)\n\n                          Through: Mr. Raman Sharma, AAG\n                                   Mr. Suraj Singh, GA\n\nCoram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE\n\n                                      ORDERIn this petition, the petitioner has called in question the Government Order\n\nNo.919-Edu of 2018 dated 16.11.2018, whereby Rehbar-e-Taleem Scheme for\n\nengagement/appointment of persons as Rehbar-e-Taleem in various government\n\nschools was formally closed. A Division Bench of this Court has already\n\ndecided the issue with regard to the validity of the impugned Government Order\n\nin SWP No.3004/2018 titledRuksana Jabeen v. State of J&K and othersand\n\nother clubbed matters vide judgment dated 04.02.2023.The Division has upheld the constitutional validity of the impugned\n\nGovernment Order No.919-Edu of 2018 and has also issued certain directions\n\nwith regard to the impact of the Government order on pending and decided\n\nlitigation(s). Conclusions in this regard are drawn in paragraph No.31 of the\n\njudgment, which, for facility of reference is reproduced hereunder:-"31. We have heard both the sides at some length on the impact of the\n                   Government order on the pending litigation and we cull out our\n                   conclusion as under:(i).     That the impugned Government order will not affect the select\n                            panels prepared by the respondents which have been acted upon\n                            and formal orders of engagement have been issued;2(ii)    That the impugned Government Order will not override or\n                              effect the judgments passed or to be passed by this Court\n                              holding a candidate/candidates entitled to engagement in the\n                              selection process which was/is under challenge before the\n                              Court;(iii)   Where the select panels are approved and the aggrieved party\n                              has approached the Court before it could be acted upon, shall\n                              also be not affected by the impugned Government order, in\n                              that,but for litigation in the Court, the approved panel/panels\n                              could have been acted upon and formal letters of engagement in\n                              favour of the selected candidates issued prior to the issuance of\n                              the impugned Government order; and,(iv)    Notwithstanding issuance of the impugned Government order,\n                              the respondents shall abide by the judgments passed by any\n                              competent Court of law which have attained finality. However,\n                              the writ petitions involving adjudication of disputes in respect\n                              of tentative merit lists or tentative select panels shall be liable to\n                              be dismissed in view of the impugned Government order, in\n                              that, it would not be permissible for a Court of law to direct the\n                              respondents to finalize the tentative merit lists or tentative select\n                              panels and issue engagement orders in view of closure of the\n                              scheme and a clear stipulation contained in paragraph 2nd of the\n                              impugned Government order."In view of the above, this petition insofar as it challenges constitutionality\n\nof the impugned Government Order is concerned, fails and same is disposed of\n\nby providing that the impugned Government Order shall be understood and\n\nmade applicable in the manner explained by the Division Bench in the supra\n\njudgment.(SANJEEV KUMAR )\n                                                                   JUDGE\nJammu\n06.02.2023\nVinod.