PAWAN KUMAR Vs. STATE AND ORS

JUDGEMENT

(1.) The petitioner, who is working as 10+2 Lecturer in School Education Department on contractual basis has filed the present writ petition, seeking a direction to the official respondents to treat the petitioner as inservice candidate for the purpose of granting him relaxation in age, for considering his candidature for the post of Cultural Assistant as advertised vide Advertisement Notification No. 01 of 2011 dated 31st January, 2011.

(2.) Learned counsel for the petitioner submitted that vide order dated 03rd June, 2006, the petitioner was appointed as Teacher in Higher Secondary School for the period of sixty days. The engagement continued thereafter as the period was extended from time to time, for the reason that no regular recruitment had been made. As the petitioner apprehended his replacement by another contractual teacher, he filed SWP No. 1857/2007, wherein vide order dated 17th October, 2007, he was allowed to continue as Lecturer.

(3.) The Service Selection Board (for short, "the Board') issued advertisement No. 01 of 2011 for recruitment of Cultural Assistant (Junior Grade) on 31st January, 2011. In terms of the conditions laid down in the advertisement, the age limit as on 01.01.2011 for inservice candidate was 40 years. The applications were to be rooted through proper channel. The petitioner filed the application, the same was forwarded to the Board by the competent authority. In the select list the petitioner was at serial no. 1, in the Open Merit Category. However, finally his candidature was withheld, mentioning the reason that the applicant is required to produce the order, showing his appointment as a contractual teacher. Vide letter dated 20 th December, 2013, Chief Education Officer, Doda wrote to the Director School Education, Jammu that the petitioner was engaged as contractual Lecturer and worked as such from 06th June, 2006 to 20th December, 2013 on academic arrangement. Vide communication dated 25 nd February, 2014, sent by the Education Department to the Board, it was clarified that the petitioner had been working on contractual basis on academic arrangement as Lecturer from 06th June, 2006 to 20th December, 2013. Still his candidature was not considered.