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“No impact on candidates whose cases are pending adjudication before the courts”

Rashid Paul by Rashid Paul
December 7, 2018
in TOP NEWS
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Delhi HC quashes notification disqualifying 20 AAP MLAs
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Srinagar December 06: The J&K High Court today said that the government decision to cancel the Rehbar I Talim (ReT) scheme will have no effect on those hundreds of candidates whose cases are pending adjudication before the courts.

The court 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.

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The petitioner ReTs had 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 them after participating in a selection process.

The petitioners said the respondent government authorities have issued an order 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,” they said.

When an act is done in violation of an order and judgment, the petitioners said, it is 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.

“It’s of high importance that orders of the court are obeyed. Any action taken in disobedience of the orders passed by court are illegal,” they pleaded.

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Rashid Paul

Rashid Paul

Rashid Paul is  Associate Editor at Kashmir Images. He can be reached at rashidpaul@gmail.com

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