SRINAGAR The J&K High Court today said that the government decision to cancel the ReT scheme will have no effect on those candidates whose cases have been decided or pending adjudication before the courts.
A bench of Justice Ali Mohammad Magrey also issued notice to the government returnable within four weeks and ordered that the claim of petitioners, notwithstanding the government order annulling the scheme, shall remain in force.
The petitioners have questioned whether in law it is permissible for the government to nullify a judicial dictum and judgment in terms whereof the respondents have been directed to conclude the process of selection and engage the Petitioners against the posts advertised, by issuing an executive order withdrawing the advertisement notices and the panels prepared.
That the petitioners approached the court, challenging the decision of the respondents, denying them of their right to be engaged as ReT, earned by the petitioners after participating in a selection process. Notwithstanding the direction issued by the court, the petitioners said the respondents have issued an order bearing no. 919-Edu of 2018 dated 16.11.2018 in terms whereof all the advertisement notices, panels prepared have been deemed to have been cancelled. The order has an effect of overreaching the orders/judgments passed by this court. it is submitted here that every authority under law is duty bound to implement the direction passed by the Courts in letter and spirit.
When act is done in violation of an order and judgment, the petitioners said, it is a duty of the Court to set the wrong right and put the parties in the same position as they stood immediately prior to issuance of the order passed in violation o the court direction by giving appropriate direction for remedying and rectifying the things done in violation of its orders. Its of high importance that orders of the court are obeyed . Any action taken in disobedience of the orders passed court are illegal, they added.
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