Court holds that reopening selection under discontinued ReT Scheme would violate Supreme Court’s judgment in Union Territory of J&K v. Saba Wani, denies relief to petitioner
In a significant judgment dated September 1, 2026, the Jammu & Kashmir and Ladakh High Court, presided over by Justice Wasim Sadiq Nargal, dismissed a petition filed by Kavita Devi challenging the engagement of another candidate under the erstwhile Rehbar-e-Taleem (ReT) Scheme. The petitioner sought quashing of the respondent’s appointment as a ReT teacher and requested consideration of her own claim for the post.
The petitioner, who had applied for the ReT teacher position at Government Middle School, Thangriot Zone Lower Hathal, alleged that despite her higher merit ranking (Serial No. 3) in the merit list finalized in 2005, the appointment was irregularly given to the private respondent ranked below her (Serial No. 4). She contended that the private respondent’s application was considered belatedly and supported by dubious verification of examination marks, leading to an allegedly manipulated and unlawful appointment.
However, the High Court carefully examined the Supreme Court’s landmark decision in Union Territory of Jammu and Kashmir & Ors. v. Saba Wani (2026 INSC 439), which dealt with the closure of the ReT Scheme. The Supreme Court had ruled that candidates who were part of the select panels prepared under the ReT Scheme before its closure in 2018 would be entitled to engagement orders, subject to fulfillment of qualifications within a stipulated timeline. The apex court explicitly clarified that the ReT Scheme was not to be revived for any other purpose and no fresh rights would be created for candidates not part of such panels.
Applying these principles, the High Court noted that the petitioner did not belong to any select panel recognized by the Supreme Court’s directions. Granting the relief would necessitate reopening a long-closed selection process and effectively reviving the ReT Scheme, which the Supreme Court had prohibited. The Court observed that the petitioner’s claim was not based on an existing operative right but required the Court to revisit and upset a selection process concluded over a decade ago, which was impermissible under the apex court’s ruling.
Consequently, the High Court held that the relief sought by the petitioner was untenable and dismissed the writ petition. The Court also denied mandamus reliefs related to RTI queries and inquiries into alleged criminal conspiracy, as these claims were ancillary to the primary relief that had become infructuous.
This judgment reaffirms the binding effect of the Supreme Court’s directions in Saba Wani and underscores judicial restraint in reopening concluded selection processes under discontinued schemes. It also highlights the importance of timely legal action and adherence to procedural timelines in public employment matters.
Bottom Line:
Rehbar-e-Taleem Scheme - Relief of engagement sought by petitioner cannot be granted as it would amount to reviving the discontinued ReT Scheme, contrary to the Supreme Court's directions in Union Territory of Jammu and Kashmir v. Saba Wani.
Statutory provision(s):
- Article 142 of the Constitution of India
- Right to Information Act, 2005
- NCTE (National Council for Teacher Education) Regulations and Notifications
Kavita Devi v. State of J&K, (Jammu & Kashmir And Ladakh) : Law Finder Doc Id # 2972630
