Authority: High Court of Jammu & Kashmir and Ladakh at Srinagar

Order Date: 21 August 2026

Case Overview

  • Petitioner: Zainul Abideen Rather, appointed PGT (Mathematics) on 1 April 1986 at J&K Sainik School, Mansbal.
  • Early 1990s: Due to militancy, permanent staff left; petitioner and three other teachers were persuaded to stay, with assurances of incentives and promotions under the school rules.
  • 26 August 1992: Placed in selection grade effective 27 December 1991.
  • Headmaster Vacancy: Post vacant since 1990; proposal by the then Principal (Member Secretary of the School Executive Committee) to appoint petitioner as in‑charge Headmaster was approved by the Chief Secretary/Chairman School Executive Committee. Order dated 18 August 1994 made petitioner in‑charge Headmaster.
  • Writ Petition SWP No.2130/1997: Filed for confirmation as Headmaster. Interim direction on 20 May 1997 directed respondents to maintain petitioner as Headmaster and consider him for the post when filled. Final disposal on 8 April 2009 reiterated the interim direction, noting petitioner had performed Headmaster duties since 1994.
  • Contempt Petitions: No. 302/2010 and CCP(S) No.168/2022 filed due to non‑implementation of the 2009 judgment.
  • Executive Committee (EC) 36th Meeting: Held on 4 June 2018, recommended regularisation of petitioner as Headmaster and forwarded the case to the Board of Governors.
  • Board of Governors 16th Meeting: Held on 14 September 2020, directed the matter to the General Administration Department (GAD) for examination.
  • Impugned Order: Issued by the Principal of Sainik School, Mansbal on 28 April 2023 (Order No. JKSS‑01 of 2023) rejecting the regularisation claim.
  • Respondents’ Objection: Cited Government Order No. 833‑Edu of 2013 (dated 22 Oct 2013) requiring the Headmaster to be a Major or equivalent from the Education Branch of the Army, Navy or Air Force.
  • GAD Advice: UO No.GAD‑ADM0II/446/2022‑09 dated 29 March 2023 instructed examination of the claim on the touchstone of the rules; the Principal relied on a Board resolution dated 24 October 1984 that the Headmaster post must be filled by a defence officer of Major rank.
  • Legal Findings: Rule 6.1 of the J&K Sainik School Mansbal Rules and Staff Contributory Provident Fund Rules vest the appointing authority for the Headmaster with the Executive Committee, not the Principal. The Principal therefore lacked competence to reject the regularisation or to issue the impugned order without EC or Board approval.

Final Outcome

  • The writ petition is allowed.
  • The impugned order dated 28 April 2023 is set aside.
  • Respondents are directed to place the matter, along with their opinion, before the Executive Committee of the school for fresh consideration within two months of this judgment.
  • The record is to be returned to the learned counsel for the respondents.

Topics: Legal Dispute – Regularisation, Education Administration