Showkat Ahmad Mir And Others vs Union Territory Of J&K And Others

Ali Mohammad Magrey, J

CM No. 3849/2020;

The instant application has been filed by the applicants, seeking extension of time for affixing the stamp papers and the requisite court fee with the writ petition.

On the set of facts and the grounds urged, coupled with submission made, the instant application is allowed and the applicants are permitted to file the writ petition without enclosing therewith the requisite Stamp Paper, Court fee, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant/petitioner, as and when the prevailing lockdown period, announced by the Government on account of outbreak of COVID-19 Pandemic, comes to an end and the Courts start functioning in the normal manner.

CM disposed of as above.

WP (C) No. 1413/2020, CM No. 3850/2020;

Impugned in the instant writ petition is the communication bearing No. Edu/SPD/SS/864-908/20 dated 28th of August, 2020, issued and addressed to all the Principal District Institutes of Education, in terms whereof, all Grade-II and III teachers irrespective of their qualification, professional degrees (B.Ed, D.El.Ed) and experience, have to undergo the one month IMPACT training course for their capacity building which in turn shall improve the learning outcome of the students, on the grounds detailed out in the petition besides being in contravention of the Government policy notified in the shape of guidelines for conducting of integrated multidisciplinary professional advancement course for teachers.

In the guidelines, it is stated that the Government of Jammu and Kashmir approached NCERT, New Delhi, for the training of untrained Grade II and III teachers (Erstwhile RRets) through a course designed to address the gaps in their teaching skills.

Learned counsel for the petitioners submits that the impugned communication is against the policy of the Government of Jammu and Kashmir which is only meant for training the Grade II and III teachers and not for the elementary teachers. He further submits that the impugned communication is against the order of Project Director Samagra Shiksha, J&K Union Territory of JK & Ors. bearing No. Edu/SPO/SMS/29368-9413/20 dated 17th of August, 2020, which also stipulates that training is only for Grade-II and III teachers who are untrained and become teachers on their regularization as ReTs.

Mr N.H. Shah, learned Sr AAG available through virtual mode submits that training is only to excel the expertise and knowledge of the teachers for the benefit of the students but the policy of the Government to is only for erstwhile ReTS and not the general line teachers.

Court cannot be averse to the policy of the Government if it is providing training to the teachers.

Notice.

Mr N.H. Shah, learned Sr AAG on asking waives notice on behalf of respondents. He seeks and is granted four weeks to file the objections.

List again on 2nd of November, 2020.

Meanwhile, subject to objections from the other side and till next date of hearing before the Bench, the impugned communication bearing No. Edu/SPD/SS/864-908/20 dated 28th of August, 2020 to the extent of the petitioners if they are having qualification of B.Ed/M.Ed/PG, shall stay.