POONAM RANA Vs. STATE
LAWS(J&K)-2006-11-21
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 09,2006

Poonam Rana Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) DIRECTOR , School Education, Jammu, invited applications for two posts of Teacher under Rehbar -e -Taleem Scheme (hereinafter, for short, referred to as 'the Scheme) for village Laham. The petitioner and respondent -5 being eligible applied for the said post. The Village Level Committee prepared a panel of the candidates for the engagement as Teacher under the Scheme. Respondent -4 on the verification and recommendation of Village Level Committee prepared a merit panel of the candidates for their engagement as Teacher under the Scheme. In the merit panel, the name of the petitioner figured at Serial No.4, whereas respondent -5 figured at Serial No.5. A copy of the merit panel has been attached with the petition as Annexure -C. The candidates, who are at Serial Nos. l & 2, namely, Surinder Singh S/o Kashmir Singh, and Chhabil Singh S/o Gittan Singh, were selected and appointed in the Primary School, Laham, and both joined their place of appointment on 19 -01 -2004.
(2.) THE Government accorded a sanction for opening of another Primary School in village Laham under Sarav Shiksha Abhiyan Scheme, with the nomenclature Primary School, Laham SC Basti. Respondent -4 did not prepare a fresh panel for making the appointment in the newly opened Primary School. Merit panel prepared by the ZEO on the recommendations of Village Level Committee was updated, wherein the qualification of B.Ed, acquired subsequently by respondent -5 has been taken into consideration for her appointment in the newly opened Primary School, Laham SC Basti.
(3.) THE petitioner has filed the present writ petition with the substantive prayer that she, being higher in merit in the panel, which was prepared by the ZEO on the recommendations of Village Level Committee, has been ignored, wherein the ZEO has added the qualification of B.Ed, acquired subsequently by respondent -5 against her name and engaged her under the Scheme in Primary School, Laham SC Basti. I have heard the learned counsel for the parties and perused the record. The issue involved in this petition is whether the qualification acquired by a candidate after the last date of the submission of the application, can be taken into consideration.;


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