SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) Applications were invited for the post of teachers under RET scheme. A combined panel for Girls Primary School, Dharmal, Govt. Primary School Barnai and Girls Primary School, Barnai, Jammu was prepared on the recommendation made by the Village Level Committee. The appellant did not figure in the said panel. As per the said panel, one Ravi Kumar son of Sh. Tej Ram was appointed in Girls Primary School, Dharmal, Karan Singh son of Sh. Janak Singh in Govt. Primary School, Barnai and respondent No. 6-Rakesh Digra (writ petitioner) came to be engaged as third teacher in Govt. Girls Primary School, Barnai. He is stated to have joined the services on 17.11.2003.

(2.) The present appellant (respondent No. 5 in the writ petition) came to be engaged by the Zonal Education Officer, Jammu vide order dated 05.02.2004 on the basis of the communication dated 19.12.2003 issued by the Director School Education, Jammu which was conveyed on 31.01.2004 through Chief Education Officer, Jammu. This order was issued by respondent No. 4. The effect of order was termination of private respondent No. 6-writ petitioner, who was initially appointed in the year 2003. Order terminating the petitioner and appointing the appellant came to be challenged before the learned Single Judge.

(3.) The learned Single Judge set aside the order of appointment of the appellant-respondent No. 5 in the writ petition on the following terms: