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2013 DIGILAW 5 (JK)

Mehboob All Mir & Anr. v. State of J&K & Ors.

2013-01-01

MUZAFFAR HUSSAIN ATTAR, VIRENDER SINGH

body2013
JUDGMENT The instant Letters Patent Appeal is directed against the judgment and order dated 14.12.2012 of learned Single Judge whereby the writ petition bearing SWP No. 324/2011 of the appel­lants/writ petitioners (for short 'peti­tioners') has been dismissed, holding that the petitioners being residents of revenue Village Pahloo are not eligible for the posts of ReT as available in Up­per Primary School, Shahoo Sachan and would have right to compete for any post to be filled up on revenue village basis. 2. Certain facts need to be noticed for proper appreciation of the present case. 3. Primary School for revenue vil­lage 'Shahoo Sachan' was sanctioned one and half decade back under the name Primary School, Shahoo Sachan but it was functioning in a rented premises located on the land situated in the neighboring village 'Pahloo', which was adjacent to the land and village 'Shahoo Sachan'. The said Primary School was upgraded to the status of Upper Primary School, resultantly two vacancies of ReT teachers, one with Math background and another with Science background were to be pro­vided, which, according to ReT Scheme, have to be filled up amongst the candi­dates of the said revenue village sub­ject to the availability of the candi­dates. In this regard, Advertisement Notice dated 20.01.2011 was issued by the Official respondents from the eli­gible candidates of the revenue village, 'Shahoo Sachan'. The petitioners also applied for the same. However, a com­plaint was lodged against them to the effect that they are not residents of vil­lage 'Shahoo Sachan', being residents of 'Pahloo', as such, not eligible. 4. Aggrieved of the said complaint, the petitioners have filed a writ peti­tion seeking issuance of direction to the official respondents to the effect that they be considered for the afore­said posts irrespective of the location of their residential house beyond lim­its of village 'Shahoo Sachan' or in the 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 (Village 'Pahloo'). Another alter­native relief sought was the quashment of the advertisement notice to the extent, it prescribes that only candidates hailing from village 'Shahoo Sachan' shall only be eligible for ReT. 5. During the pendency of the lis, respondent No. 5 moved an application for his impleadment as party respon­dents, which was allowed. Even the pe­titioners were allowed to amend their petition. 6. 5. During the pendency of the lis, respondent No. 5 moved an application for his impleadment as party respon­dents, which was allowed. Even the pe­titioners were allowed to amend their petition. 6. The learned writ Court, after entering into detailed discussion on the basis of the record available to it, has returned categoric finding that the es­tablishment of School was sanctioned for one village but for non-availability of the building it was operated in a rented building located in the adjacent estate of neighbouring village and that the school for all practical purposes con­tinued to be the school of village for which it was sanctioned and therefore, in tune with ReT Scheme, the engage­ment of ReT teacher is to be made on revenue village basis, for which, the school is sanctioned. Therefore, the candidates of the revenue village, for which the school is sanctioned, would be the eligible candidates and not the candidates of the revenue village, wherefrom the school was temporarily operating in rented premises. 7. Learned writ Court has also cat­egorically observed that the certificates showing the petitioners, being the resi­dents of 'Shahoo Sachan', are contrary to the actual position of residence of the petitioners, whereas they are resi­dents of village 'Pahloo', as such, have no right as against two posts of ReT to be provided in Upper Primary School, 'Shahoo Sachan'. In this background, the plea put forth by the petitioners has been repelled by dismissing the writ petition. 8. Heard Mr. Khawja, learned counsel for the appellants, gone through the grounds carved out in the memo of appeal, which are reiterated by learned counsel during the course of arguments. 9. Mr. Khawja submits that ReT Scheme envisages that appointment has to be offered to a local candidate so as to ensure accountability and super­vision of the community and promote constant interaction being the teach­ing guide and the community whose children are studying in the school. He contends that so far as the present case is concerned, the school, which is up­graded, is factually located beyond the territorial area of the said village in the neighbourhood of the petitioners, in the area which is recorded as revenue area of another village 'Pahloo), where the residential houses of the petitioners are also located, as such, the petition­ers have a preferential right of being considered for engagement having re­gard to the object of the engagement. He submits that assuming that the petitioners are not the residents of vil­lage 'Shahoo Sachan' merely on the ground that the residential houses of the petitioners are located beyond the territorial revenue area of their village, in that eventuality, the upgraded school, where the appointments are to be made cannot be treated to be the school of 'Shahoo Sachan', in that, it is also located beyond its territorial lim­its. According to the learned counsel, Advertisement notice, thus, is totally contrary to the ReT Scheme. 10. We are not at all in agreement with the submissions made by Mr. Khawja. Learned Single Judge has gone deep into it while confronting the petitioners vis-a-vis their residential status, as is evident from para No. 5 of the impugned judgment. For reference, it reads : - "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 Sachen' 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." 11. We do not find any infirmity in the impugned judgment on any count either on facts or law warranting in­dulgence of this Court. 12. Viewed thus, the appeal on hand is dismissed being devoid of any merits in it. 13. IA(C) No. 395/2012 also stands disposed of accordingly.