Jammu Tawi, April 22
Jammu wing of Jammu and Kashmir High Court today stayed the government order that provided the conduct of written examination for inservice candidates seeking promotions.
In a petition filed by Dr. Meena Kumari who sought quashment of the Government order No. 140-Edu of 2017 dated 23/03/2017issued by state government, Justice Janak Raj Kotwal of J&K High Court after hearing Adv Ankur Sharma appearing for the petitioner issued notice and ordered that subject to objections and till next date before the Bench, impugned order dated March 23, 2017 shall stay.
While staying the impugned order, Justice Janak Raj Kotwal observed that the School Education Department issued the Government Order No. 66-Edu of 2017 dated 16.02.2017 in compliance with clause (xi) of the Government Order No. 252-HE of 2012 dated 30.05.2012 issued pursuant to a Cabinet Decision No. 104/14/2012 dated 16.05.2012. The Order dated 16.02.2017 (supra) in compliance with clause (xi) of the Government Order No. 252-HE (supra) provides for the written test to assess the quality of degrees obtained by the in-service Masters and Teachers through distance mode prior to their further promotion. Vide the impugned Government Order No. 140-Edu of 2017 dated 23.03.2017, Government Order No. 66-Edu (supra) has been kept in abeyance, without, however, assigning any reason. The effect of this order is that there would be no mechanism to assess the standard of the degrees obtained by in-service Teachers and Masters through distance mode as required under the aforementioned Cabinet Decision and Government Order No. 252-HE and petitioner, who is a teacher in the Education Department, feels aggrieved as her grievance is that impugned Government Order dated 23.03.2017 has been issued in order to pave way for granting promotion to those candidates who do not possess genuine degrees obtained through the distance mode.
Justice Kotwal after hearing Adv Ankur Sharma observed that Case for showing indulgence has been found. Notice to the respondents in the main petition as well as in the MP, returnable in four weeks. Steps within one week. Meanwhile, as ad interim, subject to objections and till next date before the Bench, impugned order dated 23.03.2017 shall stay. JNF
Jammu Tawi, April 22