HC dismisses review petitions on Kupwara teachers list

Srinagar: A Division Bench of Jammu and Kashmir High Court has dismissed petitions seeking review of its judgment last year that upheld the quashing of selection list of 563 teachers for Kupwara district by a single bench of the court on December 4, 2012.
Besides, upholding the quashing of the selection list, the division bench of Justices Hasnain Massodi and Ali Mohammad Magrey had on May 14, 2013 directed the J&K Service Selection Board to conduct fresh interview of all the candidates who had applied in response to an advertisement issued by it in 2010.
“We do not find that there has been any misconception of law or any mistake committed in the judgment sough to be reviewed, nor is there any reason, muchless sufficient reason, disclosed which would warrant review of the judgment,” the division bench said, dismissing four petitions filed by candidates, state as well as J&K SSB.
Advocate G A Lone, appearing for non-selected candidates, submitted that the state or the Recruitment Board did not file any appeal against the judgment on 14 May 2013, nor even upto the date of announcement of judgment by the Division Bench, nor beyond that date.
He submitted that there is strong and legal inference available that the State as well as the Recruitment Board were not aggrieved of the judgment and accepted the verdict by the single bench of the court.
Therefore, he said, the review petition by the state and the Recruitment Board is only an afterthought.
“In any case, it was submitted that they having not been aggrieved of the judgment of the writ court cannot seek to challenge the same through the medium of a review petition filed against the Division Bench judgment,” the court said.
Advocate General, the court said, has not been able to convince it as to how the state or the Recruitment Board could file the review petition when they had not preferred any appeal against the judgment of single bench.
“We do not see any error apparent on the face of the record in the judgment under review as would warrant its recall on review,” the division bench said, dismissing all the four review petitions along with the connected applications.
The state and the SSB had sought review on seven counts particularly about the rule position for District Level Selection Committee about which the court had held that District Head of intending office/department cannot be Principal DIET.
The single bench had held that District Level Committee with Ghulam Muhammad Kumar (HOD DIET) as its member was not in accordance with rules.
On December 4 last year, a single bench of Justice Mohammad Yaqoob Mir had quashed the provisional select list of 563 general line teachers in the frontier district.
In 2012, the SSB had conducted interviews for the selection of the general category of teachers for district cadre Kupwara under various categories (322 in Open Merit, 46 in Social Caste, 56 in Scheduled Tribe, 112 in Resident of Backward Area, 17 Actual Line of Control, and 10 in Other Social Caste).