Srinagar, Aug 21: The High Court of Jammu and Kashmir and Ladakh has set aside an order rejecting a former teacher’s claim for regularisation as Principal of J&K Sainik School, Mansbal, holding that the school Principal was not the competent authority to decide the matter.

Justice Sanjay Dhar directed the competent Executive Committee (EC) of the school to reconsider the claim within two months from the date of the judgment.
The court directed the incumbent Principal to place the matter, along with his opinion, before the EC for consideration in accordance with the applicable rules.
“Once it is held that the Principal is not the competent authority to appoint another Principal, the Principal can also not be a competent authority to reject the proposal for regularisation of services of a teacher as Principal,” the court observed.
The judgment followed a petition filed by Zainul Abideen Rather, challenging an April 28, 2023 order through which his claim for regularisation as Principal had been rejected.
According to the judgment, Rather was initially appointed as a PGT in Mathematics at J&K Sainik School, Mansbal, with effect from April 1, 1986. The post of Principal had reportedly remained vacant since 1990.
In 1994, following a proposal from the then Principal, Rather was appointed as Principal in-charge. He continued to discharge the duties of the post for more than 25 years, from 1994 until his retirement in December 2019.
The High Court did not itself grant regularisation to Rather but ordered the competent authority to reconsider his claim in accordance with the applicable rules and after following the prescribed procedure.
The ruling effectively places the matter before the school's Executive Committee for a fresh decision within the stipulated timeframe.