Court Says Government Cannot Apply 2018 ReT Closure Order Retrospectively; Directs Fresh Consideration of Candidate’s Engagement
Jammu: The High Court of Jammu & Kashmir and Ladakh has ruled that the discontinuation of the Rehbar-e-Taleem (ReT) Scheme cannot be used to retrospectively deprive eligible candidates of rights that had already crystallized through a valid and finalized selection process.
In a significant judgment, the Court observed that once a candidate’s name is included in a duly finalized selection panel and no objections are raised within the stipulated period, the candidate acquires a vested and enforceable right to be considered for engagement. Such a right, the Court held, cannot be defeated by a subsequent government policy introduced after the selection process has attained finality.
The High Court relied on the Supreme Court’s verdict in the case of Union Territory of Jammu and Kashmir & Others vs. Saba Wani, reiterating that Government Order dated November 16, 2018, which abolished the ReT Scheme, cannot be given retrospective effect to extinguish the rights of candidates whose names had already figured in valid select panels before the scheme was withdrawn.
The Court further observed that where an earlier judicial order had already recognized a candidate’s entitlement by directing the authorities to complete the selection process, the administration cannot refuse to implement that direction by citing a later policy decision. It emphasized that executive policies cannot override vested legal rights safeguarded by judicial pronouncements.
Terming the rejection of the petitioner’s claim as legally unsustainable, the Court quashed the impugned order passed by the authorities and directed them to reconsider the petitioner’s case for engagement strictly in accordance with the earlier High Court judgment and the legal principles laid down by the Supreme Court.
The Court also instructed the concerned authorities to complete the exercise within the prescribed timeframe, reaffirming that legitimate rights arising from a completed selection process must be protected despite subsequent policy changes.(KNC)
