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2013 DIGILAW 448 (JK)

Shabir Ahmed Sheikh v. State

2013-08-07

Mansoor Ahmad Mir

body2013
1. Challenging the selection of private respondents, made for the posts of Rehbar-e-Taleem for Upgraded Middle School, Chawalgam. petitioners seek a direction in the name of respondents to the effect that selection/ appointments for the posts in question be made strictly in terms of Order no. 288 of 2009 dated 8th April, 2009, by taking into consideration the petitioners' candidatures along with other eligible candidates from the hamlet of Lisser and Chawalgarn and consequently to appoint petitioners on the posts. 2. Petitioners also seek a writ of certiorari to the effect that advertisement notice dated 28th October, 2010 as also the tentative select list framed in pursuance thereof, be quashed. Further it is prayed that letter dated 19th April, 2012, issued by Zonal Education Officer, Dooru along with all other orders and letters issued on the subject in this matter, be also quashed. 3. The controversy, as per the pleadings, is simply that the advertisement Notice no. ZEQ/D/5381-82/10 dated 28th October, 2010, was responded to by all the aspiring candidates including the petitioners. The said advertisement had sought candidatures for the selection/ appointment of two posts of Rehbar-e-Taleem meant for upgraded Middle School Chawalgam. 4. Petitioners participated in the selection process but were not selected tentatively, for, allegedly they belong to Lisser and not to Chawalgam the Hamlet for which the posts were advertised. 5. Aggrieved of their exclusion, petitioners challenge the tentative selection of private respondents on the ground that lisser and chawalgam together make a hamlet, therefore, their candidature has wrongly been rejected, consequently the selection made for the posts is bad in law, therefore, requires to be quashed. 6. Respondents have resisted the petition on the ground that the mandate of the scheme which governs the subject has been fulfilled with the tentative selection of eligible candidates and the petitioners have no right whatsoever on the posts being the residents of the area falling outside the purview of the area the advertisement seeks candidatures from. 7. Heard learned counsel for the parties and considered the matter. 8. The ground taken by the writ petitioners is that Lisser and Chawalgam form one hamlet and selection was to be made from both the areas is devoid of force for the following reasons. 9. In terms of advertisement notice the candidates hailing from Chawalgarn habitation had to apply and participate in the selection process. 8. The ground taken by the writ petitioners is that Lisser and Chawalgam form one hamlet and selection was to be made from both the areas is devoid of force for the following reasons. 9. In terms of advertisement notice the candidates hailing from Chawalgarn habitation had to apply and participate in the selection process. The advertisement notice nowhere provides that candidates hailing from Lisser can also apply and participate in the selection process. It is apt to reproduce relevant portion of the advertisement notice herein: S. No. Name of the Upgraded School Name of the Habitation Minimum qualification No. of ReT'S engaged Nature of Post 1 P/3 Chawalgam Chawalgam 10+2 or above with Math or Science Two Upgradation under SSA 10. It appears that petitioners had raised objections before the Deputy Commissioner concerned who sought report from Additional Deputy Commissioner Anantnag. The Additional Deputy Commissioner Anantnag reported that Chawalgam and Lisser are separate habitations, therefore, rejected the contention of the petitioners. Feeling aggrieved petitioners have questioned the same before Additional Commissioner Kashmir by the medium of revision petition which too was dismissed. It is apt to reproduce paragraph 4 and 5 of the reply of official respondents herein, thus: "4. Thereafter Petitioner Mo. 1 filed a revision Petition before Additional Commissioner Kashmir Srinagar against the PRCs issued by the Tehsildar Kokernag, report of Addl. Dy. Commissioner Anantnag vide No. ADC/A/R/11/114 dated 19.08.2011 and Order dated 11.10.2011 passed by Dy, Commissioner Anantnag. Accordingly, the Additional Commissioner Kashmir vide his Order dated 16.02.2012 dismissed the revision petition. 5. In view of the orders passed by the revenue authorities, tentative list came to be issued by respondent No. 3 through publication in local dailies, wherein respondent No 5 and 6 were shown to have been tentatively selected for Science and Math stream respectively and objections to the same were invited. The Petitioner No 1 raised objections to the tentative selection list and the same were found baseless and rejected," 11. In the circumstances, it is held that selection was to be made from Chawalgam and not from Lisser. Thus maintaining the selection of respondents 5 and 6, petitioners are held to have no right to challenge the selection and seek the quashment of the advertisement notice. The writ petition, therefore, is dismissed along with all CMPs. Interim direction, if any, shall stand vacated.