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2002 DIGILAW 359 (JK)

Farooq Ahmed Rather v. State Of J. &K.

2002-11-21

B.L.BHAT

body2002
1. The point involved in this petition is so simple that it can be disposed of without issuance of notice to the respondents. 2. Through the medium of this writ petition filed under Article 226 of the Constitution of India read with section 103 of the Constitution of J&K State, the petitioner, Fayaz Ahmed Rather, has sought indulgence of this court for issuance of writ or certiorari, directing quashment of the appointment of respondent no.3 as Rehbar-e-Taleem in Govt. Primary School, Buchoo Tral issued vide order no. DDCP/RT/2002/2794-2800 dated 24.10.2002, and also writ of mandamus commanding the respondents 1 to 6 to engage the petitioner as Rehbar-e-Taleem in Govt. Primary School Buchoo Tral, and to relax his upper age bar. Any other direction which the Court may deem fit and proper has also been sought. 3. It is, inter-alia, maintained in the petition that the petitioner being permanent resident of Jammu & Kashmir State, on the basis or panel drawn, wherein the petitioner figures at Sr. No.1, claims to have been engaged as Rehbar-e-Taleem, but was not engaged so, therefore, in this behalf, the petitioner filed a writ petition (SWP) no.491/2002 alongwith CMP No.801/2002 before the Hon™ble Court, wherein this court on 15.4.2002 was pleased to order consideration for his engagement as Rehbar-e-Taleem. That this order came to be served by the petitioner to the respondents on 18.4.2002, but despite this order he has not been engaged as Rehbar-e-Taleem in Govt. Primary School, Buchoo, Tral, for which a panel has been drawn by the Village Level Committee. That respondent no.2 to 6, on the basis of their ipsi dixit have drawn one more panel for appointment of Rehbar-e-Taleem in Govt. Primary School, Buchoo, Tral, at the detriment of the petitioner and came to engage respondent no.7 namely Feroz Ahmed Rather, S/o Mohd. Akram Rather R/o Buchoo, Tral, in contravention of Rehbar-e-Taleem Scheme rules and in contravention to the said court order. That under the Rehbar-e-Taleem Scheme contained in Govt. order no.396 of Edu-2000 dated 28.4.2000, there is no scope whatsoever provided for ignoring and redrawing a fresh panel under the scheme, engagement of respondent no.7 is illegal and beyong the scope or rules. That the petitioner has, through the medium of SWP no.491/2002 stated that petitioner had to his credit qualification or being a science graduate having passed the examination in the sessession May/June 1991 from the University of Kashmir. That the petitioner has, through the medium of SWP no.491/2002 stated that petitioner had to his credit qualification or being a science graduate having passed the examination in the sessession May/June 1991 from the University of Kashmir. That the date of birth of the petitioner as per matriculation certificate is 13.04.1964 as a result of which the petitioner has crossed the age limit for seeking employment under the State. That it was the duty of the respondents 2 to 6 to consider the petitioner as Rehbar-e-Taleem on the basis of the panel which is still existent and can not be said to have lost its force. The respondents 2 to 6 being the officers under the State and are guided in their work and conduct by the rules, regulations and the constitutional mandate, but in this case they have failed to act upon the order issued in favour or the petitioner by this court and inaction of the respondents for the engagement or the petitioner as Rehbar-e-Taleem amounts to negation of the object and spirit of Rehbar-e-Taleem Scheme. 4. The petition is supported with the affidavit. Annexure-b on the file is a list or qualification of youths to be appointed as Rehbar-e-Taleem of the Village. In this list, to which members or village Level Committee have put their signatures, disclose the name of the petitioner wherein he is shown as Farooq, S/o Mohd. Ashan Rather, Bucho Qualification B.Sc, marks obtained in B.Sc 858/1800, percentage or marks 485 and date of birth 13.4.1964. This list ex-racie does not bear any date, however, it can be under no strech of imagination be before the year 2002 because it is on 15.4.2002 the petitioner came to file writ petition (SWP) No.491/2002 in which he had claimed that his name exists at Sr. No.1 in the panel drawn under the Scheme by the Zonal Education officer Looragam, to which village Level Committee are the members. Perusal of this list, wherein the date of birth of the petitioner is shown as 13.4.1964 reveals the least that in the month or January 2002, he has crossed 38 years of his age, as a result of which he was over-age for Government service even on this date, or drawing the list and on the date of issuance of impugned order, which is dated 24.10.2002. 5. 5. Annexure-C on the file is the selection list of candidates for the post of teaching guide (Rehbar-e-Taleem) of district Pulwama issued by district Development Officer, Pulwama. It is dated 24.10.2002, In this list, respondent no.7 Feroz Ahmed Rather, S/o Mohd. Akram Rather, R/o Buchoo Tral, who is B.Sc, B.Ed, and whose date of birth is 15.3.1973, is qualification wise superior in merit to the petitioner and also belongs to the same village where he has been appointed as Rehbar-e-Taleem. This being so, none of the constitutional or legal rights of the petitioner stands violate by virtue of the impugned order in selecting respondent no.7 as Rehbar-e-Taleem in Govt. Primary school, Buchoo, Pulwamal. Beside having regard to the law that the basic foundation of the writ of mandamus is existence of a legally enforceable right. The petitioner does not possesses any indereasible claim to the appointment as Rehbar-e-Talem and for the relaxsation of his upper age bar. Therefore, the petition in hand is meritless and is, accordingly dismissed.