Mohammad Yaqoob Mir, J. - (1.)One post each of ReT Teacher was to be filed in two schools namely P/S Kash Mohalla Kachwari and P/S Bujran Mohalla Thezwooder. The process initiated culminated in selection of two candidates. For Kash Mohalla, a panel of three candidates i.e. Sh. Fayaz Ahmad Kalas, Sh. Mohammad Rafiq Lone and Smt. Mehmooda Qadir (petitioner herein) was prepared. Finally, Sh. Fayaz Ahmad Kalas was selected for PS Kash Mohalla, Kachwari and Sh. Ghulam Hassan Bitty for PS Bujran Mohalla, Thezwooder. Two writ petitions bearing SWP No. 62/2013 and SWP No. 52/2013 were filed by two persons namely Sh. Mushtaq Ahmad Bhat and Smt. Nusrat Maqbool Shah contending therein that Kash Mohalla and Bujran Mohalla do not constitute habitations, therefore, zone of consideration should have been extended to the Revenue Village to which those petitioners belong. Both the petitions were dismissed vide detailed judgment dated 26th December, 2013. Therefore, both Kash Mohalla and Bujran Mohalla were held to be habitations.
(2.)A later development i.e. Sh. Fayaz Ahmad Kalas who was selected for PS Kash Mohalla did not join instead filed an affidavit that since he has been selected somewhere else, therefore, is not interested. As a necessary corollary, the second candidate in the order of merit i.e. respondent No. 7 was provisionally selected. As against his provisional selection, present petitioner -Smt. Mehmooda Qadir filed representation to the effect that respondent No. 7 is resident of Khudpora whereas she being resident of Kash Mohalla, therefore, has a right of engagement to the exclusion of the respondent No. 7. She also filed writ petition bearing SWP No. 460/2014 captioned Mehmooda Qadir v/s. State and Ors which stand disposed of vide judgment dated 6th March, 2014 with a direction to the Deputy Commissioner, Budgam to enquire as to whether respondent No. 5 therein i.e. Sh. Mohammad Rafiq Lone -respondent No. 7 herein is resident of the Habitation. Deputy Commissioner, Budgam has constituted a Committee of two officers i.e. Deputy Director Planning and Statistical Officer who have prepared a detailed report dated 7th March, 2014.
(3.)Learned counsel for the petitioner would contend that the Kash Mohalla being a Habitation and petitioner being resident of that Habitation has to be selected even though respondent No. 7 is meritorious but is resident of Khudpora.