FOZIA QURESHI Vs. STATE AND ORS.

JUDGEMENT

(1.) DIRECTOR School Education, Jammu issued Advertisement Notice dated 29.06.2004. In the said Advertisement Notice, it was provided that in pursuance of Government Order No. 597 -Edu of 2003 dated 02.06.2003, applications are invited from eligible candidates on village -wise basis for the engagement of Rehbar -e -Taleem (ReT) teachers at Village Level and in case of TAC/NAC at ward level under SSA Scheme. It was also provided in the aforesaid Advertisement that the applicant must be possessed of the minimum basic qualification of 10+2 and in case of appointment as 3rd teacher candidate must be a Graduate on the last date of receipt of application forms. Besides others, the appellant/writ petitioner also responded to the aforesaid Advertisement Notice and sought consideration for being engaged as ReT in school located in Village Bafliaz.

(2.) RESPONDENT No. 5 was engaged and appointed on 20.07.2005. Appellant/writ petitioner feeling aggrieved of the said engagement challenged the same in the writ petition. In the writ petition, the stand of the official respondents was that the appellant was not resident of Village Bafliaz. Learned Writ Court dismissed the aforesaid writ petition on the ground that the appellant was not resident of Village Bafliaz and cannot question the selection of respondent No. 5.

(3.) TEHSILDAR , Poonch appeared before the Court on 09.06.2015 and submitted that the PRC in favour of the appellant was issued on 16.02.2015. Faced with this situation, learned counsel for the respondents -Education Department was directed to seek instructions whether the appellant can be accommodated in Middle School, Mahal, Village Bafliaz where two vacancies are reported to be available.