Research › Search › Judgment

J&K High Court · body

2010 DIGILAW 319 (JK)

Ab. Rashid Beigh v. State Of J&K

2010-05-31

Mansoor Ahmad Mir

body2010
1. Advertisement notice came to be issued vide No.ZEO/DG/Upg/SSA/1166-67 dated 19.01.2009 by Zonal Education Officer, Zone Dreygam, for filling up two posts of Rehbar-e-Taleem (ReT) for Middle School Peth Dreygam, Budgam. Accordingly, applications came to be filed by the petitioners as well as private respondents along with other candidates. Private respondents came to be selected against the said two posts in terms of the notification issued in "Daily Aftab" on 02.03.2009. Feeling aggrieved petitioners questioned the selection by the medium of this writ petition. Notice came to be issued and selection of respondents 5 and 6 came to be stayed. 2. It is contended that the School is situated at Peth Dreygam, Budgam, and the eligible candidates hailing from the said village locality have the preferential right and were to be considered for appointment/ selection as ReT in terms of the Rehbar-e-Taleem Scheme read with Government order Nos.396 of Edu 2000 dated 28.04.2000 and 288-Edu of 2009 dated 08th of April, 2009. Further, it is contended that Peth Dreygam is a village, the official respondents would not have considered the candidates who are hailing from Panchayat Halqa Dreygam. In support of the plea, petitioners have placed on record Photostat copies of the representation made by inhabitants of Village Peth Dreygam. 3. Official respondents have resisted the petition on the grounds taken in the objections. Virtually, the official respondents have not denied para-9 of the writ petition. Precisely the objection of the respondents is that they have considered all the candidates hailing from revenue village and not only of Mohalla. In support of the objections they have annexed the Photostat copy of the report of Tehsildar which discloses that Dreygam Khasipora is a revenue village consisting of Arampora, Khasipora, Peth-Dreygam, Shah Mohalla and Bun-Dreygam. 4. Private respondents have resisted the petition on the ground that the petitioners as well as private respondents are residents of revenue village Dreygam, are meritorious as compared to petitioners and rightly came to be selected. Neither the official respondents nor the private respondents have denied the fact that the respondents are residing to one to two kilometers away from the location where the said school is located. 5. It is apt to reproduce para-9 of the writ petition herein: "9. Neither the official respondents nor the private respondents have denied the fact that the respondents are residing to one to two kilometers away from the location where the said school is located. 5. It is apt to reproduce para-9 of the writ petition herein: "9. It may not be out of place to mention here that the private respondents do not hail from Peth Dreygam where the school was upgraded and are residing at the distance of one to two kilometers away from such location having the school located in their own areas-separately. This way while inducting the private respondent by way of the recommendation for being adjusted as RET at middle school Peth Dreygam the respondent department has flagrantly violated the rule position and virtually negated the criteria laid down for such adjustment." 6. In the given circumstances, respondents have admitted that private respondents are residing at a distance of one to two kilometers from the location where the Middle School Peth Dreygam is situated. 7. Now the question is whether the selection of private respondents is legally permissible. Division Bench of this Court in LPASW No. 115/2007 titled Ghambir Chand and anr. v. Parbhat Singh & Ors, decided on 07.03.2009 held that these candidates who are residing in the area where the school is situated have a preferential right. It is apt to reproduce relevant portion of the said judgment herein: "According to the scheme for granting such appointments, it is the village level committee of the village which alone is entitled to prepare the panel for appointment. Constitution of the village level committee, as prescribed, requires that every member thereof, excepting the Zonal Education Officer, shall be resident of that village. It further provides that only when the village level committee has not been able to locate a suitable candidate in the village, then the selfsame village level committee can look for a suitable candidate beyond that village." 8. Even otherwise, the purpose of the scheme is to appoint all those candidates who are residing within the vicinity. In terms of Government order Nos.396 of Edu 2000 dated 28.04.2000 and 288-Edu of 2009 dated 08th of April, 2009, the selection was to be made from those who are residing at Peth Dreygam. 9. Even otherwise, the purpose of the scheme is to appoint all those candidates who are residing within the vicinity. In terms of Government order Nos.396 of Edu 2000 dated 28.04.2000 and 288-Edu of 2009 dated 08th of April, 2009, the selection was to be made from those who are residing at Peth Dreygam. 9. Keeping in view the judgment passed by the LPA Bench read with the Government orders supra and the fact that Peth Dreygam is a Mohalla/ Patti/ Small village having population of 521 consisting of 80 families read with discussion made hereinabove, the impugned selection merits to be quashed. 10. In the given circumstances, impugned selection is quashed. Respondents are directed to examine the case afresh and make selection from the candidates who are hailing from Peth, Dreygam, in terms of the scheme read with Government orders holding the field. The entire process be completed within three months from today. 11. Writ petition is, accordingly, disposed of along with all connected CMPs. Record be returned to Mr. J. A. Kawoosa, AAG.