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2013 DIGILAW 334 (JK)

Rohini Mehra v. State

2013-05-24

TASHI RABSTAN

body2013
1. By the medium of this petition, the petitioner is seeking to quash Communication No.SDM/NSR/Exec.2Q12-13/2000 dated 26.04.2012, whereby Sub-Divisional Magistrate, Nowshera, respondent No.5 herein, has directed the Chief Education Officer, Rajouri, respondent no.3 herein, to cancel the appointment of petitioner Rohini Mehra as a Rehbar-e-Taleem Teacher, U.P.S. Mawa, Zone Lower Hathel, Nowshera, and in her place to make appointment of one Amar Khan, respondent no.6 herein, on the grounds taken in the writ petition. 2. The facts in brief are that in pursuance to Advertisement Notice dated 17.03.2011 for filling up two posts of Rehbar-e-Taleem Teacher (one each in Math and Science stream) in the newly upgraded Govt. Primary School to the level of Govt. Middle School, Mawa Nowshera, under SSA Scheme, petitioner as well as respondents 6 & 7 applied for the post meant for Science stream. Respondents 6 & 7 came to be placed at, Sr. Nos. 1 & 2 in the merit panel having secured 70% and 68.5% marks respectively in 10+2, whereas petitioner was placed at Sr. No.3 for having secured 61.60% marks in 10+2. 3. Feeling aggrieved, petitioner filed objections to the merit panel questioning the merit position of respondents 6 & 7 herein. A serious allegation was leveled by her that both the private respondents had annexed fraudulent marks cards of 10+2 with their application forms thereby claiming to have secured 70% and 68.5% marks respectively from the Institutes out of the State Looking to the gravity of the allegations leveled, both of them were directed by the official respondents to produce the migration as well as bonafide certificates. 4. Respondents 6 herein too filed objections disputing the domicile/residence of petitioner. It was alleged by him that petitioner is not actually residing at Village Mawa, Tehsil Sunderbani, District Rajouri, but, in fact, she is residing at Jammu. She too was served with a notice by the official respondents asking her to produce the domicile certificate. 5. Respondent no.7, namely, Rohit Sharma, who was figuring at Sr. No.2 in the merit panel, failed to produce the migration certificate and, accordingly, his candidature for the post in question came to be rejected by the official respondents. 6. Now the dispute is between the petitioner and respondent no.6. 7. Respondents 1 to 4 while resisting the petition have filed objections on 22.02.2013. It would be relevant to reproduce paragraphs 6, 7, & 8 of the reply hereunder. 6. Now the dispute is between the petitioner and respondent no.6. 7. Respondents 1 to 4 while resisting the petition have filed objections on 22.02.2013. It would be relevant to reproduce paragraphs 6, 7, & 8 of the reply hereunder. "6. That in reply to para No.6, it is submitted that in response to abovementioned notices Amar Khan could not produce migration certificate and Bonafide certificate and he produced his 10+2 Marks Card from J&K Board of School Education obtaining 41.2% marks. Rohit Sharma Could not produce migration certificate and bonafide certificate till date. Rohini Mehra could not produce her domicile certificate till date. 7. That in reply to para No.7, it is submitted that as per the directions issued by the SDM Nowshera vide SDM/EXEC/20.12-13/100 dated 26.04.2012, Rohini Mehra is not physically and actually residing at Village Mawa, the candidature of Rohini Mehra was called from the panel of MS Mawa. 8. That in reply to para No.8, it is submitted that in response to the notice served to Amar Khan, produced marks card from JKBOSE, Jammu, the matter was taken up with Chief Education, Rajouri and CEO Rajouri directed the respondent No.4 to replace the marks card of MP State Open School Bhopal with JKBOSE Marks Card hence the same was replaced." 8. It is in the above-said backdrop and looking into the reply filed by respondents 1 to 4, this Court was constrained to pass the following order on 22.02.2013 itself: "1) During the course of arguments, it has come to the notice of the Court that 10+2 mark sheet obtained by private respondent No.6-Amar Khan from Bhopal under Roll No. 2302935520 and attached with the application for engagement of Rehbar-e-Taleem Teacher in Government Middle School, Mawa for Science and Math Stream, pursuant to Advertisement Notice No.DlP/J-11302/2011 dated 26.03.2011, was ultimately found to be fake one. Hence the said mark card was rejected. However, he was allowed to attach another mark card along with his application obtained from Jammu and Kashmir State Board of School Education, Jammu. Hence the said mark card was rejected. However, he was allowed to attach another mark card along with his application obtained from Jammu and Kashmir State Board of School Education, Jammu. As per the mark sheet, already obtained from Bhopal and attached with the original application, the percentage of Amar Khan turned out to be 70% and for this reason in the order of merit of panel for R-e-T Teacher for the said School, he was figuring as most meritorious candidate falling at serial No. l. However, on the basic, of other mark sheet obtained from J&K Board, his percentage slashed down to 41.02%. He is still in the zone of consideration for the reason that another candidate namely Rohit Sharma, who was figuring at serial No.2 in the order of merit, his candidature has been rejected on the ground that he could not produce migration certificate. With regard to the petitioner, the objection was received by Zonal Education Officer, Lower Hathal, Tehsil Sunderbani, District Rajouri-respondent no.4 herein that she is not actually and physically the resident of village Mawa, as such, not eligible for engagement for the aforesaid School either in Science Stream or Math Stream. 2) Specific case of the petitioner is that the petitioner, in fact, is resident of Village Mawa and her candidature has wrongly been rejected. Petitioner assorts that she has obtained 61.60% and now figuring at serial No.3 is the only candidate to be considered for engagement of R-e-T Teacher in Science Stream for the aforesaid School, the reason being that Rohit Sharma's case con not be considered for non-production of migration certificate and candidature of Amar Khan, in any case, cannot be considered on the ground that certificate initially attached by him along with his application has found to be fake one and that the other certificate, which was obtained from J&K Board, could not be taken into account subsequently. 3) Mr. Gandotra, learned counsel appearing for the petitioner, states that he has also moved a complaint for initiating criminal action against Amar Khan for producing fake certificate and that otherwise also, he, being less meritorious than the petitioner, cannot steal a march over her. 3) Mr. Gandotra, learned counsel appearing for the petitioner, states that he has also moved a complaint for initiating criminal action against Amar Khan for producing fake certificate and that otherwise also, he, being less meritorious than the petitioner, cannot steal a march over her. 4) May be, with regard to the candidature of the petitioner the issue is still open, whether she is actually and physically the resident of Village Mawa or not, which the Court does not want to adjudicate upon at this stage, but the manner and under the circumstances in which Amar Khan has been allowed to attach the mark sheet of 10+2 issued by J&K Board along with his application so as to bring him in the zone of consideration is a very serious matter, which is to be brought to his logical end. 5) The Court taking note of that fact and directs Chief Education Officer/District Chairman SSA, Rajouri-respondent No.3 and Zonal Education Officer, Lower Hathal, Tehsil Sunderbani, District Rajouri-respondent No.4 to be present in the Court on the next date of hearing along with the entire record. 6) List again in the work commencing 11.03.2013. 7) Copy of the order be provided to Mr. Sharma today itself under the Seal and Signature of the Bench Secretary for compliance." 9. It is very strange and surprising that how could and under what circumstances the Chief Education Officer, Rajouri direct the Zonal Education Officer, Lower Hathal, Tehsil Sunderbani to replace the fraudulent marks card of 10+2 of respondent No.6-Amar Khan with the original one issued by the J&K Board of School Education, instead of taking an action against respondent No.6. Respondent No.6 attempted to make an entry into the Government job on the basis of a fake marks card, which gave him an edge over others aspiring for the post in question, thus, cannot be allowed to be considered for selection against the post in question. Further, as per the original marks card issued by the J&K Board of School Education, he has secured much less marks than the petitioner herein, i.e., petitioner has secured 61.60% marks in 10+2, whereas respondent No.6 has secured merely 41.02% marks in the said examination. Therefore, the claim of respondent No.6 fails. 10. Now the question is whether the petitioner is resident of Village Mawa, Tehsil Sunderbani or, as alleged by respondent no.6, is residing at Jammu. 11. Therefore, the claim of respondent No.6 fails. 10. Now the question is whether the petitioner is resident of Village Mawa, Tehsil Sunderbani or, as alleged by respondent no.6, is residing at Jammu. 11. This is a question of fact to be gone through by the official respondents after holding proper inquiry. 12. Therefore, in order to cut short the controversy and for the ends of justice, I deem it. proper to dispose of the writ petition with a direction to the Deputy Commissioner, Rajouri to conduct inquiry whether the petitioner is resident of Village Mawa, Tehsil Sunderbani or is a resident of Jammu District. It is made clear that while conducting such inquiry, the petitioner shall also be afforded full opportunity of hearing and also to produce documentary evidence in support of her claim. Deputy Commissioner is directed to get the inquiry completed positively within a period of six weeks from the date a copy of the order is served upon him. If after inquiry it is found that the petitioner is resident of Village Mawa, Tehsil Sunderbani, then the official respondents are directed to appoint the petitioner against the post of Rehbar-e-Taleem Teacher in Science stream in the newly upgraded Govt. Primary School to the level of Govt. Middle School, Mawa, Nowshera within a period of next four weeks. 13. Commissioner/Secretary to Government, Education Department is also directed to take action against respondent No.6 Amar Khan for producing/annexing fraudulent marks card of 10+2 with his application form and also against the officers/officials responsible for facilitating and allowing respondent No.6 to replace the fraudulent marks card of 10+2 with the original one, within a period of six weeks from the date a copy of the order is served upon him. 14. The inquiry report of Deputy Commissioner, Rajouri and the action-taken report of Commissioner/Secretary to Government, Education Department be filed in the Registry of this Court after the expiry of time allowed. 15. Petitioner, if so advised, to handover copy of the petition along with its annexure to the respondents so as to facilitate early decision in the matter. 16. Registry to forthwith send a copy of the order to the Deputy Commissioner, Rajouri, Commissioner/ Secretary to Government, Education Department and also to Mr. Ravinder Sharma, learned AAG, for doing the needful. 17. Disposed of along with all connected CMAs. 18. Registry to return the records to Mr. 16. Registry to forthwith send a copy of the order to the Deputy Commissioner, Rajouri, Commissioner/ Secretary to Government, Education Department and also to Mr. Ravinder Sharma, learned AAG, for doing the needful. 17. Disposed of along with all connected CMAs. 18. Registry to return the records to Mr. Ravinder Sharma, learned counsel for respondents 1 to 4.