J&K HC | No relief can be granted in the petition, which has been filed on apprehension

Jammu and Kashmir High Court: The Bench of Ali Mohammad Magrey, J., dismissed a petition that was filed by the petitioners on the apprehension that they might be transferred.

The petitioner’s claim was within reference to continuation as General Line Teachers at Government High School without any hindrance with reference to the application of Rehbar-e-Taleem Scheme and the condition of their regularization order. The relevant part of the scheme is that-“As a matter of policy and consistent with the imperatives of smooth working of Rural Schools, the Rehbar-e-Taleems so regularized shall not be transferred out.”

The High Court held after a perusal of the pleadings and documents on record that there was no order of transfer made by any of the respondents against the petitioners, which could form the basis for challenging the same. Petitioners had filed the petition merely on apprehension. The Court further stated that it is a well-settled law that no relief can be granted in the petition, which has been filed on apprehension. It relied on n the case of Chanan Singh v. Registrar, Co. OP. Societies, Punjab, (1976) 3 SCC 361 and Kunda S. Kadam v. K.K. Soman, (1980) 2 SCC 355. The petition was thus rejected. [Fayaz Ahmad Dar v. State, 2019 SCC OnLine J&K 123, Order dated 13-02-2019]

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