Naveed Jamal v. Union Territory of Jammu And Kashmir
2022-10-19
MOKSHA KHAJURIA KAZMI
body2022
DigiLaw.ai
JUDGMENT 1. The petitioners have challenged the orders bearing Nos. DGYSS/Estt/CAMP/87-95; dated 29.10.2019, hereinafter to be referred as impugned order, whereby the engagement of the petitioners as Rehbar-e-Khel, made in terms of Order Nos. DG-YSS/Estt/2907-11 dated 15.07.2019; & DG-YSS/Estt/4756-60 dated 04.10.2019; in District Srinagar, under wait list/panel, has been cancelled void ab-initio, on the grounds taken in the memo of writ petition. BRIEF FACTS 2. The Government of J&K in terms of Govt Order No. 141-Edu (YSS) of 2017 dated 27.10.2017, accorded sanction to the adoption of policy formulated by the department of Youth Services and Sports regarding engagement of Rehbar-eKhel in reference to the Cabinet decision No. 196/12/2017 dated 23.10.2017. Earlier the Government, in terms of Order No. 68-Edu (Tech) of 2005 dated 16.05.2005, had accorded sanction for adopting the State Policy declaring Sports, Games and Physical Education, compulsory in all Middle, High and Higher Secondary Schools in the State from the academic session 2005-06. 3. Rehbar-e-Khel is a person, to be provided to make up for the deficiency of the physical education staff at the Middle, High School level, the engagement of candidates as Rehbr-e-Khel is to be made at the Zone level within a District given the fact that it is not possible to have candidates possessing qualification in physical education available in Villages/Halqas. 4. In terms of Government order No. 141-Edu (YSS) of 2017 dated 27.10.2017, sanction was accorded for creation of 3000 positions of Rehbar-e-Khel and in pursuance thereof, amongst others, respondents issued different advertisement notices for engagement of Rehbar-e-Khel for District Kupwara, Baramulla and Shopian. Petitioners participated in the selection process and found their place in the wait list prepared by the respondents in this behalf. 5. Few selected candidates, opted not to join in terms of the select list and submitted their duly sown affidavits before the respondents expressing their unwillingness to join their duties as Rehbar-e-Khel. Accordingly, the petitioners who were figuring in the wait list were engaged as Rehbar-e-Khelin place of the candidates who chose not to join and of those whose selection was cancelled for having produced the fake degree certificates. 6.
Accordingly, the petitioners who were figuring in the wait list were engaged as Rehbar-e-Khelin place of the candidates who chose not to join and of those whose selection was cancelled for having produced the fake degree certificates. 6. The petitioners joined their duties as Rehbar-e-Khel and while discharging their duties as such, a show-cause notice was issued to them by the respondents dated 24.10.2019 asking them to explain as to why their engagement made by operating the wait list, in contravention to the Policy that governs the services conditions of the petitioners, be not cancelled. 7. The said notice was responded to by the petitioners stating therein inter-alia that their selection has been made in accordance with the procedure and they have not committed any misrepresentation or fraud. The petitioners have stated in the writ petition that these show-cause notices were challenged by the medium of a writ petition, however, since the show-cause notices were followed by the disengagement order, therefore, the petitioners filed the instant petition assailing the orders of disengagement. 8. Upon notice, the respondents appeared and filed their reply, resisting the claim of the petitioners. 9. The petitioners have challenged impugned orders inter alia on the ground that the petitioners, being fully eligible, were selected after the operation of the waiting list by the competent authority against the vacancies which remained unfilled due to non-joining of the selected candidates. 10. The stand taken by the respondents is that the waiting list was issued by the Chairman of the Selection Committee inadvertently, against the Govt. Order as also in violation to Chapter XIII of the Policy governing the service of the petitioners. 11. Heard Learned counsel for the parties at length. 12. At the very outset it needs to be recorded that this court has decided a writ petition exactly on the same issue bearing WP (C) no. 3276/2019 titled Sajad Tariq and others v. Commissioner/ Secretary to Govt.
11. Heard Learned counsel for the parties at length. 12. At the very outset it needs to be recorded that this court has decided a writ petition exactly on the same issue bearing WP (C) no. 3276/2019 titled Sajad Tariq and others v. Commissioner/ Secretary to Govt. Youth Services & Sports and others, decided on 22nd September, 2022, of which incidentally I am the author and the view already taken on the point that the post on the non-joining of a selected candidate becomes available to the wait list candidate and the wait list prepared in the matter which has been acted upon and given effect to, cannot be later on allowed to be cancelled on the ipse dixit of the respondents, on the subject will govern the petition on hand also. 13. Having regard to what has been said hereinbefore, the writ petition succeeds and is allowed as such. The impugned order Nos. DG-YSS/Estt/CAMP/87-95; dated 29.10.2019, is quashed. Since it is admitted by the counsel for the respondents that the petitioners are continuing on the basis of the interim order dated 13.11.2019, whereby the impugned order has been stayed, therefore, the petitioners are directed to be allowed to continue as Rehbar-e-Khel in terms of engagement Order Nos. DG-YSS/Estt/2907-11 dated 15.07.2019; & DGYSS/Estt/4756-60 dated 04.10.2019 in District Srinagar, and they shall be paid the remuneration accrued due to them under rules. 14. The writ petition, along with all CMs, is disposed of on the above lines.