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2008 DIGILAW 475 (JK)

Mushtaq Ahmad v. State

2008-12-04

SUNIL HALI

body2008
1. Grievance of the petitioner is that Village Level Committee, Panhore recommended his name alongwith other candidates for his appointment as Teaching Guide under Rehbar-e- Taleem Scheme. In the panel of 8 candidates prepared by the Z.E.O concerned, petitioners name figured at Sr. No. 3 and the respondent no. 6 at Sr. No. 4. An affidavit came to be filed by respondent no. 5, in which it has been alleged that the petitioner did not belong to village Panhore, District Rajouri, but belongs to Jarian Wali, Tehsil Mendhar, Poonch. It is alleged that on the basis of said affidavit, respondents did not consider the petitioner for the post of Teaching Guide under the Rehbar-e-Taleem Scheme. It is further stated that in pursuance thereto, respondent no. 6 came to be appointed as Teaching Guide under the Rehbar-e-Taleem instead the petitioner. It is further alleged that a request has been made by the Chief Education Officer, Rajouri seeking cancellation of appointment of respondent no. 6. 2. On the other hand, respondents state that petitioner does not belong to Village Panhar, but belongs to Village Jarian Wali, Tehsil Mendhar, Poonch. In support of their contentions, the respondents have placed on record a copy of the application of the petitioner addressed to Chief Education Officer, Poonch seeking his engagement as Educational Guide under the Educational Guarantee Scheme (EGS) at Moori Jaranwali Gali, Balakote Zone. The said application was filed on 20.12.2003, wherein the petitioner has stated that he is permanent resident of Jarianwali Gali, Moh. Moori and has requested the Chief Education Officer, Poonch for being engaged as Educational Guide under EGC Scheme. In pursuance of the said application the petitioner came to be appointed as Educational Guide under EGS Scheme and joined on the said post on 18.12.2003, as reflected in the annexure R-3 appended with the objections filed by the respondent no. 6. 3. I have heard learned counsel for the petitioner and perused the record. 4. It is pertinent to mention herein that under the Rehbar-e-Taleem Scheme, a candidate can apply only in the village, to which he belongs. This is the basic eligibility of seeking appointment under the Rehbar-e-Taleem Scheme. This being the position, the petitioner admittedly could not have applied in Village Panhar, District Rajouri, as he on his own stated that he belongs to Village Jarian Wali, Tehsil Mendhar, Poonch. This is the basic eligibility of seeking appointment under the Rehbar-e-Taleem Scheme. This being the position, the petitioner admittedly could not have applied in Village Panhar, District Rajouri, as he on his own stated that he belongs to Village Jarian Wali, Tehsil Mendhar, Poonch. No further proof is required to dispel this contention, as the petitioner himself has admitted that he belongs to village Jarian Wali, Tehsil Mendhar, Poonch. 5. It is also not in dispute that on the basis of application dated 20.12.2003 addressed to Chief Education Officer, Poonch, he stand appointed as EGC Guide in Moori, Tehsil Mendhar, Poonch. There is no dispute that a person has right to have abode or house at one or more places, that is a guarantee enshrined in the Constitution, but when a person seeking his appointment under a scheme where basic eligibility is his place of residence, in that eventuality, he cannot apply at both the places, wherever the vacancies exist. In the present case, the petitioner has tried to take the benefit of being resident of both the places. As a matter of fact, he has tried to mislead this court by suppressing the fact that he had already applied in village, Jarian Wali, Tehsil Mendhar, Poonch for the post of EGS Guide. 6. In view of the above, I do not find any merit in this writ petition, which is, accordingly, dismissed with costs of Rs. 2000/-.