Research › Search › Judgment

J&K High Court · body

2012 DIGILAW 784 (JK)

Firdous Ahmad Ganai & Anr. v. State & Ors.

2012-12-19

MOHAMMAD YAQOOB MIR

body2012
1. Primary School for revenue village Shahoo Sachan has been sanctioned one and half decade back under the name Primary School, Shahoo Sachanbut was functioning in rented premises located on the land situated in the neighbouring revenue village Pahloo which is adjacent to the land and village Sachan Shahoo. The said Primary School has been up-graded to the status of Upper Primary School, as a result thereof, two vacancies of ReT teachers, one with Science and another with Math background, were to be supplied, which as per ReT scheme have to be selected from amongst the candidates of the said revenue village subject to availability of candidates. 2. Vide advertisement notice dated 20.1.2011 applications have been invited from the eligible candidates of the revenue village "Shahoo Sachan". Petitioners, amongst others, have also applied. As against their candidature, compliant has been lodged to the effect that they are residents of village Pahloo, therefore, are not eligible. 3. Noticing the position of the complaint, petitioners have filed the instant petition praying for issuance of direction in the name of respondents to the effect that they shall be considered as against the said posts of Rehbar-e-Taleem irrespective of the location of their residential house beyond limits of village Shahoo Sachan or in alternative restrict the zone of consideration only to those candidates who reside in the immediate vicinity of the location where the school is actually located i.e. village Pahloo or in alternative the advertisement notice be quashed to the extent it prescribes that only candidates hailing from village Shahoo Sachan shall be eligible. 4. It is an admitted fact that the petitioners are actually residing in revenue village "Pahloo" from times immemorial, more particularly from the year 1951, in support of which respondent No. 6 has placed on record copy of the voter list of the year 1951 wherein fathers of the petitioners are shown to be the residents of Pahloo, their house numbers are also given. Then in the year 2011 also, in the voter list they are shown residents of Pahloo. What is further projected is that the village Shahoo Sachan was declared as backward area in pursuance to J&K Reservation Rules, in the year 2005. Then in the year 2011 also, in the voter list they are shown residents of Pahloo. What is further projected is that the village Shahoo Sachan was declared as backward area in pursuance to J&K Reservation Rules, in the year 2005. The petitioners, with the object of availing benefit of RBA category, had managed certificates, such as, PRC, voter identity card, voter list of 2008, RBA category certificates issued on 4.4.2005 and 10.4.2008 respectively but when complaint was lodged, it surfaced that in fact they are residents of village Pahloo, accordingly their permanent residence certificates were cancelled. When the petitioners are admittedly residents of Pahloo, they have no right of consideration as against the post of ReT to be supplied in up-graded Primary School of Shahoo Sachan. 5. When learned counsel for the petitioners was confronted with the position of petitioners being residents of Pahloo, he submitted that it is a fact that their residential houses are existing on the land which falls within the estate of revenue village Pahloo but that portion of the land being adjacent to the land of village Shahoo Sachan is locally known as part of village Shahoo Sachan and the school is also located in said portion of land of village Pahloo. This maneuvering is of no help to the petitioners because it is positive stand of the official respondents that the school is operating in a rented house located within the estate of village Pahloo but the school has essentially been sanctioned for village Shahoo Sachan. 6. Respondent No. 6 in his objections has qualified that in village Pahloo three schools exist i.e. Govt. High School, Pahloo, Govt. Primary School, Hanjipora Pahloo and Govt. Girls Middle School, Pahloo, coupled with the fact, as projected by the official respondents, that the land has been arranged by the inhabitants of village Shahoo Sachan in the vicinity of revenue village Shahoo Sachan for construction of school building for housing the said school. The funds stand sanctioned for construction of the said building. Furthermore, it is qualified that village Pahloo falls within zone Kulgam whereas village Shahoo Sachan falls within zone Devsar. The funds stand sanctioned for construction of the said building. Furthermore, it is qualified that village Pahloo falls within zone Kulgam whereas village Shahoo Sachan falls within zone Devsar. The certificates showing the petitioners residents of Shahoo Sachan, admittedly, are contrary to the actual position of residence of the petitioners and admittedly they are residents of Pahloo, so they have no right as against two posts of ReT to be supplied in Upper Primary School, Shahoo Sachan. 7. When establishment of school is sanctioned for one village, but for non-availability of the building is operating in a rented building located in the adjacent estate of neighbouring village, the school for all practical purposes continue to be the school of village for which sanctioned. ReT scheme provides for engaging ReT teachers on revenue village basis, therefore, candidates of the revenue village for which school is sanctioned only are eligible not the candidates of the revenue village where-from school is temporarily operating in a rented premises. 8. Contention of the learned counsel that in alternative since school is operating in the rented house at Pahloo, therefore, it is only the candidates who are living in close vicinity of that school are eligible, is to be rejected because the said school has been sanctioned more than one and a half decade back for village Shahoo Sachan but is run in a rented building located within the estate of village Pahloo which does not mean that the school is meant for revenue village Pahloo when already three schools exist there. The petitioners being residents of revenue village Pahloo are not eligible for the posts of ReT as available in Upper Primary School, Shahoo Sachan. They have every right to compete for any post when required to be filled up on revenue village basis, which shall be available or may become available for selection in village Pahloo which in the year 2009 too has been declared a backward area. 9. The writ petition, in the aforesaid background, being without any merit is dismissed along with connected CMP. The official respondents shall proceed ahead with the selection process and finalise the sameby selecting eligible and meritorious candidates who belong to village Shahoo Sachan.