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J&K High Court · body

2012 DIGILAW 766 (JK)

Samia Shijah v. Sarmad Hafiz & Ors.

2012-12-13

MOHAMMAD YAQOOB MIR

body2012
1. Two posts of ReT Teachers, one with Science and another with Math background, are to be supplied to Primary School, Nagnarain up-graded to Middle level. Applications from eligible candidates belonging to "Habitation" Nagnarain were invited. List of the candidates who had applied was prepared wherein petitioner Imtiyaz Ahmad Bhat did not figure. One Shazia Mushtaq and petitioner Firdous Ahmad were empanelled in order of meritas against the post of ReT Teacher with Science background. 2. Since Shazia Mushtaq had no interest, therefore, petitioner Firdous Ahmad filed writ petition (SWP) No. 212/2012, wherein a direction was issued to the effect that the panel shall be operated and the candidate next in merit as in the Science stream shall be considered for appointment as ReT teacher. 3. As against the aforesaid panel, petitioner Imtiyaz Ahmad had represented before respondent Chief Education Officer by stating that he is the resident of the "Habitation", despite having applied as against the post of ReT with Science background, has been ignored. The respondent Chief Education Officer vide his communication dated 12.5.2011 addressed to respondent Zonal Education Officer, returned the panel with the direction that petitioner Imtiyaz Ahmad who is actually candidate of the "Habitation" shall also be considered. In the process all formalities, norms and guidelines of the scheme shall be strictly followed. 4. Both Imtiyaz Ahmad and Firdous Ahmad have filed two instant writ petitions claiming their right of engagement as against the said post of ReT Teacher with Science background. 5. Petitioner Firdous Ahmad has projected that basically Imtiyaz has manipulated the records and certain certificates issued in his favour have been cancelled, he is actually resident of Akura and is not resident of Nagnarain. 6. The case projected by petitioner Imtiyaz Ahmad is that he is actually resident of Habitation Nagnarain whereas petitioner Firdous Ahmad is resident of Village Dethoo. As per scheme, zone of consideration has to be restricted to the candidates belonging to the Habitation and in case of non-availability of the candidates from the Habitation, then candidates from the village can be considered. 7. Perusal of the records as placed on the record of both the petitions would reveal that Additional Deputy Commissioner, Anantnag vide order dated 27.4.2011 had constituted a team of three officers headed by Tehsildar Pahalgam, who were directed to conduct the enquiry. 7. Perusal of the records as placed on the record of both the petitions would reveal that Additional Deputy Commissioner, Anantnag vide order dated 27.4.2011 had constituted a team of three officers headed by Tehsildar Pahalgam, who were directed to conduct the enquiry. Tehsildar seem to have submitted the report which does not bear the signatures of other two members of the Committee, such as, Shri Sajad Ahmad, NT, Bijbehara and Shri Mohammad Shafi Makhdoomi, GQ Circle, Pahalgam. In the report dated 15.7.2011 it has been mentioned that petitioner Imtiyaz Ahmad has obtained PRC wherein he is shown resident of from his native village "Akura". Thereafter has also succeeded in getting another RPC certificate wherein he is shown resident of village "Dethoo". In another report dated 18.7.2011, submitted by Naib Tehsildar, Bijbehara to Tehsildar, Pahalgam, it has been highlighted that it is established from all sources that petitioner Imtiyaz Ahmad is married to Mst. Shahzada alias Shaheena D/O Ab. Aziz Khan R/O Nagnarain as Khanadamad and as per enquiry conducted it has been established that petitioner Imtiyaz Ahmad from the date of his marriage has been residing in his in-laws residence at "Habitation" Nagnarain. 8. In view of the conflicting reports, the matter is required to be clarified so that one vacancy of ReT with Science background is supplied to the school concerned. There have been rounds of litigation, as a result thereof, matter has got protracted beyond proportions to the dismay of the students of the school as in the process they were deprived of the facilities of a teacher. 9. The object of introducing the ReT scheme was to promote education at elementary level and it is in pursuance to the said object, from time to time norms have been fixed for up-gradation of schools and for providing the teaching staff in the form of ReT, Volunteers, Education Guides etc. 10. In the present case, the controversy revolves round eligibility of both petitioners which is linked with their actual residence. The question which arise for consideration is: "As to whether petitioner Imtiyaz Ahmad actually was and continues to be residing in "Habitation Nagnarain" from the date of his marriage and is living there with his in-laws as Khanadamad". 11. For resolving the controversy vis-a-vis actual residence of petitioner Imtiyaz Ahmad, matter is required to be thoroughly investigated/enquired. The question which arise for consideration is: "As to whether petitioner Imtiyaz Ahmad actually was and continues to be residing in "Habitation Nagnarain" from the date of his marriage and is living there with his in-laws as Khanadamad". 11. For resolving the controversy vis-a-vis actual residence of petitioner Imtiyaz Ahmad, matter is required to be thoroughly investigated/enquired. For that purposes a team of senior officers is required to be constituted at District level. 12. In the aforesaid background, both the petitions are disposed of with the following directions: a) The Deputy Commissioner, Anantnag shall constitute a Committee of three senior officers, one from Revenue Department, another from Education Department and third from Engineering Department, who will visit the spot and finalise the process of enquiry vis-a-vis residence of petitioner Imtiyaz Ahmad Bhat from the year 2010 i.e. the date of his marriage as Khanadamad. b) In case it is concluded that petitioner Imtiyaz Ahmad Bhat is and was not residing in "Habitation" Nagnarain from the date of his marriage as Khanadamad, then in that eventuality petitioner Firdous Ahmad Ganai shall be considered for appointment as ReT in Science stream. c) In case petitioner Imtiyaz Ahmad Bhat is found to have been residing, for all practical purposes, in "Habitation Nagnarain", in that case his candidature shall be considered for being engaged as against the said post of ReT teacher. d) Let the aforesaid exercise i.e. constitution of Committee and enquiry by the Committee be undertaken and completed positively within four weeks from the date copy of the order is served upon Deputy Commissioner. Dependent upon report of the Committee and as a result thereof, the respondent Chief Education Officer shall finalise the process of engagement of ReT Teacher with Science background stream within two weeks. 13. It shall be open for the parties to re-agitate if any cause survives. 14. Both the petitions disposed of as above along with connected CMPs. Contempt proceedings, in view of the aforesaid position, no more survive for any consideration, as such, are closed. 15. Copy of the order be sent to the Deputy Commissioner, Anantnag for compliance.