Jammu & Kashmir High Court
Naheed Kouser vs Ut Of J&K And Others on 15 July, 2026
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
2026:JKLHC-JMU:2114
Serial No. 147
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2138/2026
CM No. 4614/2026
Naheed Kouser .....Appellant(s)/Petitioner(s)
Through: Mr. Bari Abdullah, Advocate.
vs
UT of J&K and others ..... Respondent(s)
Through: Mr. Raman Sharma, AAG with
Ms. Saliqa Sheikh, Advocate.
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER(ORAL)
15.07.2026
1. The instant writ petition has been filed by the petitioner for
commanding the respondents to consider the case of the petitioner for
selection as a Rehabber Taleem Guide/Teacher Middle School Sahib
Karmara Poonch.
2. It is stated that after the petitioner applied for the above mentioned
post, the panel was prepared by the respondents and the petitioner
being 12th and Scheduled Tribe was shown as S. No. 1, but the
candidate at S. No. 2 filed an appeal before the Deputy Commissioner
Poonch and on that appeal, after hearing both the parties, the appellate
authority dismissed the appeal on 15.01.2015 of the candidate at S.
No. 2 in the panel and thereafter another appeal was preferred against
the order of Deputy Commissioner Poonch before the Divisional
Commissioner, Jammu and that too was dismissed on 21.07.2018.
Thereafter, the case of the petitioner was processed by the
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respondents, but due to closure of the RET Scheme by the UT of J&K,
the matter was deferred and could not be considered, however, in view
of the judgment passed by the Hon’ble Apex Court in RET matter in
SLP No. 12210 of 2023 tilted UT of J&K and other vs. Saba Wani, the
petitioner is seeking consideration of her case.
3. Issue notice to the respondents.
4. Ms. Saliqa Sheikh, Advocate waives notice on behalf of the
respondents. She has drawn the attention of this Court towards Para
25(h) of the judgment relied upon by the learned counsel for the
petitioner and submits that the claim of the petitioner cannot be
considered, particularly in view of the fact that the petitioner had not
initiated any litigation prior to the judgment (supra) of the Hon’ble
Apex Court and when no litigation was pending on the date of
judgment, the relief sought by her can’t be granted.
5. Heard learned counsel for the parties.
6. The petitioner has relied upon the judgment passed by the Hon’ble
Supreme Court of India in case titled as Union Territory of Jammu
& Kashmir and others vs. Saba Wani reported in 2026 INSC 439,
relevant para No. 25 whereof is extracted as under:
“25. In this view of the matter, we deem it appropriate to
issue following directions-
a. The Closure Order of ReT Scheme dated 16.11.2018
for cancellation/withdrawal shall not retrospectively
impair the right of the candidates found placed in
the select panel. In view of the discussion made
hereinabove, the candidates placed in respective
select panels shall be issued
engagement/appointment orders as per their
position in the select panel having regard to the
available vacancies.
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b. The State shall issue the formal engagement orders
to the candidates of select panel within a period of
eight weeks in terms of the direction (a) above.
c. Candidates appointed as per directions (a) and (b)
from the select panel under the ReT Scheme are
directed to acquire minimum qualification
prescribed under NCTE Regulations and
Notifications, including to qualify the TET, within 3
years and 3 attempts from date of their engagement/
appointment. In this regard, the State is directed to
organize the TET annually. After successfully
acquiring the minimum qualification and passing
TET within prescribed time limit, the services of
such appointees shall be, accordingly, regularized
on completion of two years of service thereafter.
d. The direction (c) above shall be applicable to the
other similarly situated candidates who have
already been appointed from the select panels under
the RET Scheme after 23.08.2010 i.e., the date of
NCTE notification prescribing minimum
qualifications and prior to the issuance of Closure
Order, and do not possess minimum qualification
including TET as per the notification of NCTE.
However, those appointees shall acquire prescribed
qualification within the time as specified in direction
(c).
e. It is obligatory upon this Court to direct that once
the candidates/appointees under the ReT Scheme
have acquired the prescribed qualifications and
qualified the TET as indicated above, the seniority of
all such candidates/ appointees shall be redrawn
and determined by the competent authority of the
State, maintaining their respective positions in the
select panels uninfluenced by the date of
appointment, joining or regularization. The inter se
seniority shall also be determined accordingly.
f. It is further directed that if the
candidates/appointees including those already
appointed and regularized who do not
acquire/possess the requisite qualifications in terms
of the NCTE notifications and fail to qualify the TET
within the period prescribed hereinabove, the State
is at liberty to dispense with their services as the
mandate of Article 21-A of the Constitution of India
cannot be left at altar even while rendering complete
justice invoking Article 142 of the Constitution of
India. It is further clarified that those
candidates/appointees would not have any claim
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with respect to seniority or regularization as
directed hereinabove.
g. The directions issued hereinabove are in rem and
shall apply mutatis mutandis to the candidates
already appointed pursuant to 74 advertisements
that are subject matter of present proceedings,
though they are not party to the present appeals. In
view thereof, this judgment shall be widely
publicized, and all the candidates/appointees shall
be duly informed of these directions so that they can
take recourse for acquiring the minimum
qualification as per NCTE Regulations and
Notifications, if they have not already acquired the
same.
h. The directions contained in clauses (a) to (g)
hereinabove shall apply to all the candidates who
are litigating in any Court and such cases have been
filed prior to the date of this judgement. It is further
clarified that candidates who have not already filed
cases in any Court shall neither acquire any fresh
cause of action by virtue of these directions nor be
entitled to seek any further directions from any
Court in that regard.
i. At the cost of repetition, it is clarified that this
judgment shall not be construed as reviving the ReT
Scheme for any purpose whatsoever, nor shall it be
interpreted so as to create or confer any
right upon candidates who were not part of a
prepared select panel or who failed to approach the
Court timely. Moreover, these directions are being
issued in the peculiar facts and circumstances of this
case invoking the power under Article 142 of the
Constitution of India and it shall not be treated as
precedent in any manner whatsoever.
j. In view of the observations made in para 24 above,
we believe that the State Government shall apply
their mind to the facts and circumstances of the case
and the situation prevalent in the State and to take
an appropriate decision with respect to the revision
of the honorarium of such teachers as they deem fit.
7. In terms of Para 25(h) of the judgment (supra), it has been specifically
provided by the Hon’ble Supreme Court of India that the directions
contained in Para 25(a) to (g) shall apply to all the candidates who are
litigating in any Court and all such cases that have been filed prior to
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the date of judgement (supra). The Hon’ble Supreme Court has further
clarified that candidates who have not already filed cases in any Court
shall neither acquire any fresh cause of action by virtue of these
directions nor be entitled to seek any further directions from any Court
in that regard.
8. In view of the above, this Court is of the considered view that the
instant writ petition is misconceived and the same is, accordingly,
dismissed, along with the connected application.
(RAJNESH OSWAL)
JUDGE
Jammu
15.07.2026
Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No.
