1. The Zonal Education Officer, Anantnag — respondent no. 4 herein, on 27-4-2007 issued an advertisement notice bearing no. ZEO/Ang/4727 inviting applications from eligible candidates for Rehbar-e-Taleem positions available in Government Boys Middle School U.N Gund, Boys Middle School Zradipora, SSA School Cherkikanal Itoo Monghal, SSA, School Chak-i-Shahabad Monghall, pri mary School Mukhdampora, Monghall. As regards Primary School Mukhdampora, Monghall, the applicalions were invited for 3rd teacher (replacement). 2. The petitioner, a resident of village Monghall having B.A. Degree to her credit responded to the advertisement notice. The respondents, according to the petitioner, after the panel was prepared without any reason or justification avoided to act on the panel to the extent it related to the petitioner. The petitioner's case is that she figured at serial no. 4 in t he panel and the candidate at serial no. 1 in the panel having withdrawn from the competition, the petitioner and the candidates at serial numbers 2 and 3 in the panel were entitled to be considered for appointment. The respondents, it is pleaded while appointing candidates figuring at serial numbers 2 and 3 in the panel did not issue appointment order in favour of the petitioner. 3. The Chief Education Officer, Anantnag — respondent no. 3 herein, ignoring repeated representations made by the petitioner for her appointment against the third teacher post vide no. CEO/A/Per/15089/08 dated 30-09-2008 asked respon dent no. 4 to re-advertise the post least, realizing that the post was already adver tised vide advertisement notice dated 27.04.2007 and even selection process stood concluded. The respondent no. 4 accordingly vide no. 3108-10/08 dated 03.10.2008 issued advertisement notice inviting applications from the eligible candidates for Rehbar-e-Taleem position in Government Primary School Mukhdampora; Monghall. 4. The petitioner filed a suit in the court of Munsiff Anantnag questioning the aforesaid advertisement notice. However, the suit was subsequently withdrawn and the writ petition on hand filed by the petitioner. The petitioner pleads that as the selection process for RET position in question was initiated on 27.4.2007; The petitioner had responded to the advertisement notice, and on the strength of her merit found place at serial no. 4 in the selection list and after withdrawal of her candidature by Ms. Khushboo appearing at serial no.1 in the panel, the petitioner acquired right to be engaged against the advertised position and that respondent no.
4 in the selection list and after withdrawal of her candidature by Ms. Khushboo appearing at serial no.1 in the panel, the petitioner acquired right to be engaged against the advertised position and that respondent no. 4 was stripped of any authority to re-advertise the post and deprive the petitioner the right that accrued to her on her participation in I he select ion process. 5. The petitioner in the said background seeks quashment of advertisement notice bearing no. CEO/A/Per/15089/08 dated 30.09.2008, order issued by respon dent no. 4 vide no. 3108-10/08 dated 3.10.2008 and communication no. 495/BMS/Monghall dated 13.10.2008 whereby Headmaster Boys Middle School Monghall, Zone Anantnag, informed the eligible candidates of the availability of said post/position in Girls Primary School Mukhdampora Monghall. The petitioner sought a direction to the respondents requiring them to appoint the petitioner against the available post. 6. The respondents in their reply plead that the selection for third post was deleted from the advertisement notice dated 27.04.2007 vide notice bearing no. ZEO/Ang/1843-44/2007 dated 30.04.2007 and thus the post against which the petitioner claims to have applied did not form subject of the selection process. The respondents plead that the third post-having been deleted from the earlier adver tisement notice, the petitioner was not in race for selection as RET and had no cause to plead. 7. The petitioner in view of the stand taken by the respondents amended the writ petition and in her amended writ petition inter alia sought quashment of notice no. ZEO/Ang/1843-2007 dated 30.04.2007 issued by respondent no. 4 withdrawing third post in Government Middle School Monghall from the selection process. 8. The respondents have, as already pointed out, disputed the petitioner's claim to have been able to make it to the selection list and to be entitled to appointment/engagement as RET against third post in Middle School Mukhdampora. The petitioner, according to respondents was at serial no. 4 in the panel prepared for SSA Cherkikanal Itoo Monghal and SSA School Clak-i-Shahabad Monghall and not in the panel prepared for PS Mukhdampora Monghall. The petitioner's claim, according to the respondents is unfounded. It is pleaded that the selection for the third post of RET was subjudice in SWP no. 570/2005 and it was erroneously included in advertisement notice da ted 27.4.2007 and that the error was immediately rectified by notice dated 30.4.2007 duly published in local dailies.
The petitioner's claim, according to the respondents is unfounded. It is pleaded that the selection for the third post of RET was subjudice in SWP no. 570/2005 and it was erroneously included in advertisement notice da ted 27.4.2007 and that the error was immediately rectified by notice dated 30.4.2007 duly published in local dailies. The respondents' case is that once SWP no. 570/2005 was disposed of, the CEO vide no. CEO/A/Per/15089/08 dated 30.09.2008 asked respondent no. 4 to initiate the selection process. It is further pleaded that as the petitioner failed to respond to the advertisement notice no. ZEO/Ang3108-10/08 dated 03.10.2008, he had lost a chance to be appointed against the advertised post. 9. The Petitioner in her rejoinder placed emphasis on the sanction of third teacher in Government Primary School Monghall and the mode and manner in which it was filled up to insist that the post of third teacher was vacant and available on 27.4.2007 when the first advertisement notice was issued and that the respondent's plea that it was erroneously advertised was without any substance. The petitioner points out that post of third teacher in Government Primary School Mukhdampora Monghall was created in 2003 and one Nuzhat Ishaq was selected for the post; That the selected candidate did not join as she was selected for MBBS course by the Board of.Professional Entrance Examination; That the post was advertised and one Sajad Hussain Dar, selected against the post left unfilled because of non-joining of Ms. Nuzhat Ishaq. It is pleaded that Shri Ishaq Ahmad Yatoo also an aspirant for the position threw challenge to the selection of Sajad Hussain Dar in SWP no. 570/2005; That during pendency of the writ petition the petitioner Ishaq Ahmad Yatoo was appointed in the Health Department and the SWP no. 570/2005 was dismissed as withdrawn. Shri Sajad Hussain Dar is said to have been allowed to join as third teacher in Government Primary School Mukhdampora, Monghall only after the writ petition was so dismissed. It is pleaded that Shri Dar was also appointed as Rehbar-e-Zirat and resigned from the post on 30.3.2007. The post of the teacher, according to the petitioner, became available on 30.3.2007 and was rightly advertised vide advertisement notice dated 27.4.2007.
It is pleaded that Shri Dar was also appointed as Rehbar-e-Zirat and resigned from the post on 30.3.2007. The post of the teacher, according to the petitioner, became available on 30.3.2007 and was rightly advertised vide advertisement notice dated 27.4.2007. The advertisement notice dated 30.4.2007 published on 4.5.2007 whereby the post of third teacher was deleted from the selection process, according to the petitioner was manipulated to deprive the petitioner of the right that had accrued to her by participation in the selection., process and to put it off to a date the respondent no. 6 (brother of Nuzhat Ishaq first selectee), acquired elibility for the available post. 10. I have gone through the pleadings and the record made available by Mr. Naik, AAG. I have heard counsel for the parlies. 11. The petitioner's case as must be clear by now is that she having responded to advertisement notice dated 27th April 2007 and offered her candidature against the position of third RET in GPS Mukhdampora, Monghall had a right to be considered for appointment/engagement against the said position on the basis of the select list prepared by the respondents and that the respondents could not after the selection list was prepared withdraw the advertised position of third teacher and that too for reasons other than valid or justifiable. 12. The question whether an employer can withdraw an advertisement notice after the aspirants for the advertised posts respond to the notice and offer their candidature would arise only after we find on perusal of the record that the petitioner had as a matter of fact applied for the post of third teacher in GPS Mukhdampora, Monghall and found place in the selection list prepared by the respondents. It is only after the question is answered in affirmative, we need to further embark on an exercise to find out whether any rights flow out of the selection process in favour of a candidate who has participated in the selection process and found place in the selection list though the selection list is yet to be recommended and acted upon. In other words it is required to be examined whether the employer has a right to withdraw the advertised notice before the selection process is taken to its logical end.
In other words it is required to be examined whether the employer has a right to withdraw the advertised notice before the selection process is taken to its logical end. Be that as it may the perusal of record becomes imperative to answer the first question on which, as already indicated, is hinged the fate of the present petition. 13. From perusal of the record it transpires that the petitioner in her application dated 28th April 2007 addressed to Chief Education Officer, District Anantnag, respondent no. 3, offered her candidature for Primary School Chak-i-Shahabad Monghall and not GPS Mukhdampora, Monghall. It would be appropriate to reproduce paras 1 and 2 of the petitioner's application as under: "With profound and humble submission I wish to approach your noble august self with this request that one RT teacher Irshid Hussain IToo s/o Mohd. Hussain Itoo r/o Chaki Kamal Monghall R.T. at Pry School (S. Abiyan) Cheki Shahabad resigned from R. T. post as he got himself ap pointed in Agriculture Department. Being the resident of the same Mohalla i.e. Chaki Shahabad Monghall I request your kindself to provide me a chance for the vacant post of R.T. in the Pry School of my Mohallah Chaki Shahabad as I am a health female candidate with B. A. (final) Qualification. I hope that your goodself will please help and favour for my appointment as R. T. teachers lying vacant in my Mohalla. My hopes and views are pinned upon your kindself." (emphasis supplied) 14. The petitioner, accordingly, was included in the "List of eligible qualified candidates for engagement in SSA School Chak-i-Shahabad." The aforesaid list is relied upon by the petitioner and is placed as annexure-D to the writ petition. The petitioner, having not applied for RET position in Government Primary School Mokhdampora, Monghall, is not included in the list eligible candidates for the said school as is evident from the record. The petitioner having not applied for third RET position in GPS Mokhdampora, Monghall cannot be aggrieved with withdrawal of said post from the selection process vide notification dated 20th April 2007 published on 4th May 2007. There is substance in the-argument that the third RET position was available on 24th April 2007 and there was no ground available to the respondents to withdraw the said post from the selection process.
There is substance in the-argument that the third RET position was available on 24th April 2007 and there was no ground available to the respondents to withdraw the said post from the selection process. However, this is of no concern to the petitioner as the petitioner was not an aspirant for the withdrawn post. 15. For the reasons discussed, there is no merit in the petition. The petition is accordingly dismissed. Interim direction, if any, shall stand vacated.