NASIR AHMAD KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) Sanction was accorded, vide Government Order No.635- Edu of 2010 dated 4th August 2010, to filling up of regular vacancies of teachers in Socially and Educationally Backward areas and in areas near the Line of Actual Control, identified under the J &K Reservation Rules on the pattern of Rehbar-e-Taleem (ReT) Scheme, prospectively for a period of two years in the first instance, provided that in case of the habitations predominantly inhabited by SC/ST population, only the candidates belonging to these categories, and possessing the prescribed qualification, would be considered for selection as ReT. In partial modification to aforesaid Government Order No.635-Edu of 2010 dated 4th August 2010, extension was accorded vide Government Order No.522-Edu of 2013 dated 8th May 2013, for a period of two years, w.e.f. 8th May 2013, in the validity of special dispensation of recruitment of teachers on ReT Pattern. Zonal Education Officer, Hardupanzoo, Budgam, in pursuance to Government Order No.522-Edu of 2013 dated 8th May 2013, issued an advertisement notification through publication in Daily Greater Kashmir on 3rd January 2015, inviting applications from eligible candidates of Village Hardupanzoo, having qualification of 10+2 or above for filling up one RBA vacancy due to death of one Teacher, namely, Firdous Ahmad Khan, in Primary School Checki Merg Hardupanzoo. The applications were to be deposited within ten days, concomitant with Date of Birth Certificate, Qualification Certificate, Present Residence Certificate duly signed by concerned Numberdar/Sarpanch, RBA Certificate and Unmarried Certificate.

(2.) In response to aforementioned advertisement notification, candidates, who applied, were enlisted and list of candidates prepared. Meritorious Candidates' Panel was drawn and submitted to Chief Education Officer - respondent no.3 herein, who issued Tentative Seniority List, in which Mansoora Tahir wife of Mohamamd Ashraf Wani resident of Hardupanzoo - respondent no.8 herein, was shown as selected candidate. Selection of respondent no.8 has put out petitioner to knock at portals of this Court with writ petition on hand.

(3.) Petitioner's succinct case is that he responded to Advertisement Notification for engagement as ReT in Primary School Checki Merg, Hardupanzoo. Respondent no.8 was recommended on "Revenue Village Basis", which was objected to by petitioner as according to petitioner selection and recommendation was to be made on "Habitation Basis". Petitioner's objection was considered. A three-member committee was constituted. Report dated 23rd June 2015 submitted by the Committee, as asserted by petitioner, is not based on any valid material. Petitioner, as such, seeks quashment of Enquiry Report dated 23rd June 2015 as also selection of respondent no.8, with further direction to respondents to restrict the zone of consideration of eligible candidates on "Habitation Basis" of Habitation Checki Merg, Hardupanzoo and select/appoint petitioner on the post.