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2013 DIGILAW 613 (JK)

Gh. Ahamed Ganai v. State Of J&K

2013-10-10

BANSI LAL BHAT

body2013
1. The short controversy involved in this petition is that pursuant to the advertisement notice issued by the respondents selection process was undertaken for engagement of Rehabr-e-Taleem with regard to three posts provided by way of upgradation of new Primary School, Batapora. A tentative selection list of 11 candidates came to be issued. Three candidates namely Tahir Ahmed Tahir, Bashir Ahmed Bhat and private respondent Gh. Nabi Parray came to be appointed. Petitioner figured at S. No. 6 in the selection list. It is alleged in the writ petition that after some time petitioner came to know that private respondent figuring at S. No. 3 had been illegally appointed as he had produced fake/forged Date of Birth Certificate showing his date of birth as 1.12.1967 while as his actual date of birth was 1.12.1966, therefore, he could not be considered as he was over age on the relevant date and but for his selection petitioner would have been engaged as candidates figuring at S. No. 4 & 5 have opted for some other jobs. 2. While private respondent has not contested the petition, the official respondents pleaded that private respondent had been selected on the basis of his date of birth certificate duly attested by a Gazetted Officer which reflected his date of birth as 1.12.1967. The factum of candidates figuring at S. No. 4 & 5 of the selection list having respectively opted for jobs as Jr. Supervisor and ReT teacher in subsequent session has not been denied. It is also admitted that private respondent has resigned from the teacher post on 21.1.2013, therefore, post has become vacant. 3. Heard and considered. 4. It is admitted case of the parties that the selection process for engagement of ReT teachers in upgraded new Primary School Batapora, Kannihama culminated in selection of candidates with private respondent figuring at S. No. 3. All the three slots were filled up by the candidates including the private respondent who had a better merit than petitioner figuring at S. No. 6 of the selection list. Petitioner appears to have obtained documentary evidence in the form of date of birth certificate of private respondent from Govt. Boys High School Batapora, Kannihama Budgam certifying that the private respondent was born on 1.12.1966. Petitioner appears to have obtained documentary evidence in the form of date of birth certificate of private respondent from Govt. Boys High School Batapora, Kannihama Budgam certifying that the private respondent was born on 1.12.1966. It is not in dispute that private respondent had been selected on the basis of date of birth certificate procured from J&K State Board of School Education wherein his date of birth was recorded as 1.12.1967. It is also not disputed that but for production of a fake date of birth certificate, private respondent could not have made it to the selection list. No enquiry appears to have been ordered by the official respondents to unearth the truth and fakeness of the certificate. 5. Be that as it may, private respondent No. 3 resigned from this Job. It is also admitted position in the case that the candidates figuring at S. No. 4 & 5 of the selection list have opted for better jobs and left the services, thus the petitioner stands catapulated to position at S. No. 3 and is entitled to be engaged as ReT. The only ground urged by the respondents that selection list has expired after lapse of one year does not survive as a fraud has been committed by the private respondent in getting selected. It is indisputable that but for the fraud committed by the private respondent, petitioner would have been able to find his place in the selection list as the other two candidates holding position superior to him opted for other jobs. The objection raised on this score is not sustainable and same is over ruled. 6. In view of the above discussion, the petition is disposed of with a direction to the respondents to consider the case of the of the petitioner for engagement as ReT teacher against the available vacancy created on account of resignation of private respondent No. 5 ( Gh. Nabi Parray). The consideration order shall be passed preferably within a period of one month from the date copy of this order is served on the respondents. However, petitioner is at liberty to supply copy of the writ petition with its annexures to the respondents so as to enable them to facilitate early decision of the matter. Disposed of.