Jammu & Kashmir High Court - Srinagar Bench
Mudasir Ahmad Malik And Ors vs Union Of India And Ors on 27 April, 2021
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 122
Suppl. List
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(Through Virtual Mode)
CM No. 2631/2021 in
WP(C) No. 847/2021
CM No. 2632/2021
Mudasir Ahmad Malik and Ors.
..... Petitioner(s)
Through: -
Mr. Alla ud Din Ganai, Advocate
V/s
Union of India and Ors.
..... Respondent(s)
Through: -
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge (ORDER) 27.04.2021 CM No. 2631/2021 For the reasons mentioned in the application, coupled with submissions made at the Bar, the instant application is allowed and the applicant is permitted to file the instant petition without enclosing therewith the requisite Stamp duty, Court fee, attestation of documents, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant, as and when the Court functions in physical mode.
CM disposed of as above.
WP(C) No. 847/2021, CM No. 2632/2021 Ministry of Human Resources Development, Government of India having upgraded 110 schools in the erstwhile State of J&K, under Rashtriya Madhyamik Shiksha Abhiyan (RMSA), formed basis for the respondents to engage subject specific teachers on contractual basis in these 110 schools upgraded under RMSA during 2014-2015, accordingly the posts were advertised in terms of advertisement notice dated 11.03.2017. The petitioners on fulfilment of eligibility competed the process of selection and subsequently appointed as subject specific teachers for various subjects on a consolidated remuneration of Rs. 30,283/- as per the Ministry of Human Resources Development, Government of India, norms, in terms of order dated 01.07.2018, initially for a period of one year and subsequently extended till 30.06.2019.
Learned counsel for the petitioners submits that in terms of decision of Ministry of Human Resources Development, Government of India, the respondents were required to re-hire the services of the petitioners as subject specific PG teachers under Rashtriya Madhyamik Shiksha Abhiyan (RMSA), now Samagra Shiksha in terms of the policy of Government of India, as noticed in the documents placed on record by the petitioners.
Mr. Alla-ud-Din Ganai, learned counsel appearing for the petitioners submits that the process for re-hiring the services of the petitioners under the Samagra Shiksha Scheme stands already initiated by the School Education Department and memorandum submitted to the Administrative council, but the resolution has remained pending decision, which has caused prejudice to the rights of the petitioners. Besides, it is submitted that the similarly situated Assistant Programmers, Coordinators and Special Education Teachers, who were also engaged under the Samagra Shiksha scheme were subsequently re-hired in terms of subsumed Scheme. It is submitted that the services of the petitioners are required in terms of the scheme, object whereof is to provide quality education to the students in the higher level schools.
Prima facie it appears that the respondents have initiated the process of re-hiring the services of the petitioners as subject Specific Teachers on the lines adopted in the case of Assistant Programmers, Coordinators and Special Education Teachers, who are also initially engaged under Rashtriya Madhyamik Shiksha Abhiyan (RMSA), now, Samagra Shiksha scheme, but the case has remained pending decision before the respondents, therefore, the Court under the hope and trust that the similar treatment will be given to the petitioners, is inclined to show indulgence which shall be in the interest of improving the education system also Notice returnable within four weeks.
Notice in CM as well returnable within the same period. In the meantime, respondents shall adopt the same line, which has been adopted in the case of Assistant Programmers, Coordinators and Special Education Teachers, while re-hiring the services of the petitioners and take a decision expeditiously not later than one month.
List on 29.06.2021. Subsume (Ali Mohammad Magrey) Judge SRINAGAR 27.04.2021 "Mohammad Yasin Dar"
MOHAMMAD YASIN DAR 2021.04.28 11:22 I attest to the accuracy and integrity of this document