JUDGMENT This case throws yet another glaring example of cut throat competition amongst unemployed youth for seeking employment as R-e-T, which is not the post under the Government. The Primary School Haranjiguroo of Zone Beerwah was upgraded in the year 2008. The Zonal Education officer concerned invited applications from eligible candidates of the revenue village for making selection/engagement of two R-e-T posts. The eligible candidates were required to have Science and Math background. Two posts of R-e-T with Science and Math background were created on 7th October, 2008. Advertisement Notice was issued on 15th October, 2008. Since no candidate was available in the revenue village, some candidates with Arts subjects approached this Court and prayed for issuance of direction that they be considered for being selected/engaged as R-e-Ts against the aforesaid posts. On 31st December, 2008, one more Advertisement Notice was issued for filling up of aforesaid two posts on revenue village basis/zone basis/panchayat halqa basis. The zone of consideration was extended to Panchayat Halqa to ensure that if the eligible candidate is not available in revenue village and in the education zone, the selection process on this ground should not collapse. The Notice was published on 13th January, 2009. No candidate responded to the said Notification. In the meanwhile, on 17th May, 2010, the writ petitions filed by the candidates were dismissed. Letters Patent Appeal against the said decision was also dismissed in the 2011. It is hereafter that conflicting stands at various levels of the Authorities of the Education Department cropped up. One of the stands taken was that father of the petitioner in SWP.No. 1684/2014, who, of late, stands selected for being engaged as R-e-T against the Science stream was instrumental in delaying the filling up of aforesaid posts as his daughter was not eligible till the Advertisement Notice was issued. Some other material available on the writ records would show that because of the pendency of the various writ petitions and interim orders passed by the Court in these writ petitions, the selection process could not proceed and got delayed. One of the stands taken is that initially the Math position available was advertised as the inhabitants of the village approached the Chief Education Officer, Budgam and sought directions for filling up of the Math position in the upgraded Primary School Haranjiguroo. One of the stands taken is that initially the Math position available was advertised as the inhabitants of the village approached the Chief Education Officer, Budgam and sought directions for filling up of the Math position in the upgraded Primary School Haranjiguroo. The application was made in January, 2011, in which, the Chief Education officer directed the Zonal Education officer concerned to proceed in the matter in the light of the representation of the inhabitants of the village. It is for this reason that in the month of January itself Advertisement Notice was issued for filling up of the Math position only. However, because of the pendency of the Letters Patent Appeal, the said Notification was withdrawn on 5th March, 2011. One Ghulam Rasool Bhat, who had responded to the Notification dated 27th January, 2011, challenged the order of withdrawal in SWP.No. 498/2011. The Court directed for maintaining status-quo. In the meanwhile, LPA. No. 88/2010 came up for consideration before the LPA Bench, which dismissed the same vide its Order dated 10th June, 2011. Thereafter again inter-se correspondence was initiated between the Authorities of Education Department at various levels. In the Communication dated 15th July, 2011, the Director, School Education, Kashmir directed Zonal Education Officer, Beerwa, to give reasons why R-e-T posts are not advertised. The Zonal Education Officer, Beerwah submitted the explanation. It is thereafter that the petitioner, in SWP. No. 2023/2011 approached the Chief Education Officer for issuance of Advertisement Notice for Science post also. The Chief Education Officer sought explanation from Zonal Education Officer for not issuing the Advertisement Notice for Science post. On 19th August, 2011, the Deputy Director, School Education, Kashmir directed the Chief Education Officer, Budgam to advertise both the posts of R-e-Ts provided there was no legal hitch. The Zonal Education Officer submitted his explanation on 5th September 2011. On 19th September, 2011 SWP.No. 2013/2011 was filed, in which interim direction was passed. On 23rd September, 2011 another interim direction was passed. On 5th January, 2013, the Chief Education Officer directed for issuance of Advertisement notice for filling up of Science position. The Advertisement Notice was issued on 13th January, 2013, to which, the petitioner in SWP.No. 1684/14, who is respondent no. 5 in SWP.No. 2023/2011 filed application. On the complaint of inhabitants of the area in the month of January, 2013, the Deputy Commissioner, Budgam, directed to withhold the Advertisement Notification. The Advertisement Notice was issued on 13th January, 2013, to which, the petitioner in SWP.No. 1684/14, who is respondent no. 5 in SWP.No. 2023/2011 filed application. On the complaint of inhabitants of the area in the month of January, 2013, the Deputy Commissioner, Budgam, directed to withhold the Advertisement Notification. The respondent no. 5 (Ishrat Bano) filed SWP. No. 89/2013 against the Deputy Commissioner’s order. The said petition was disposed of by directing the respondents to consider and take final view in the matter. Thereafter on 22nd February, 2013, Ishrat Bano was tentatively selected as R-e-T against the Science position. The petitioner thereafter filed application for amendment of the writ petition, which was allowed and amended writ petition was taken on record. On 14th July, 2014, the Chief Education Officer withdrew the tentative selection of Ishrat Bano. Against which order, Ishrat Bano filed SWP.no. 1684/2014, which petition is taken up for consideration along with this petition. Petitioner in SWP.No. 2023/2011 became eligible for seeking consideration for being selected and engaged as R-e-T in the month of January, 2010, when the 10+2 marks card was issued to him. Ishrat Bano (respondent no. 5) and petitioner in SWP.No. 1684/2014 became eligible in the month of December, 2012 as she attained the age of 18 years at that point of time. Mr. Qureshi, learned senior counsel, while referring to the enquiry report framed by the committee of officers, submitted that the Zonal Education officer for malafide reasons and in order to accommodate respondent no. 5 ( Ishrat Bano), did not issue the Advertisement Notice in respect of Science post but same was issued immediately after Ishrat Bano became eligible. Learned counsel submitted that father of the respondent no. 5, who was working as Senior Assistant in the ZEO’s Office, manipulated process of selection to accommodate his daughter and to exclude the petitioner from zone of consideration. Learned counsel submitted that the Advertisement Notice issued in January 2013 would require to be set-aside and petitioner deserves to be engaged against the Science position. Learned counsel in support of his contention referred to and relied upon the Judgment of Hon’ble The Supreme Court reported in AIR 1993 SC, 127. Learned counsel accordingly prayed for allowing of SWP.No. 2023/2011. Mr. I.Sofi, learned counsel for respondent no. Learned counsel in support of his contention referred to and relied upon the Judgment of Hon’ble The Supreme Court reported in AIR 1993 SC, 127. Learned counsel accordingly prayed for allowing of SWP.No. 2023/2011. Mr. I.Sofi, learned counsel for respondent no. 5 and petitioner in SWP.No. 1684/2014 invited the attention of the Court to documents placed on record of both writ petitions and submitted that the issuance of Advertisement Notice for R-e-T position was delayed because of many facts. Learned counsel produced copy of application filed on 18th January, 2011 by the inhabitants of village Haranjiguroo, in which, they requested the Chief Education Officer, Budgam, to issue instructions for filling up of the Math position in upgraded Primary School Haranjiguroo. Learned counsel also referred to order of Chief Education Officer recorded on the application of inhabitants of the village dated 18th January, 2011 to show that Zonal Education Officer, Beerwah was advised to proceed in the matter in the light of the contents of the application. Copy of the application is taken on record. Learned counsel submitted that thereafter the Zonal Education Officer issued Notification inviting applications for filling up of R-e-T position in the Math stream. Learned counsel submitted that selection, however, got stalled because of writ petitions filed by different persons, in which, interim orders were passed. Learned counsel also submitted that SWP.No. 2641/2013 is filed, in which directions have been issued by the Court that the enquiry report shall not be implemented. Mr. Shahwar Gowher, learned Additional Advocate General, submitted that the Authorities could not make selections/appointments because of the orders passed by the Court in various writ petitions. Learned counsel further submitted that the delay for initiation of selection process was not caused for malafide reason as is alleged by the petitioner. Learned counsel submitted that clear cut stand has been taken by the official respondents in their reply affidavit/objections and the allegations made in the writ petition have been denied. It is not in dispute that petitioner Jehangir Abdullah Dar is not a resident of revenue village. He will become eligible only if the candidate from revenue village and education zone is not available and it is then zone of consideration would be extended to Panchayat Halqa. It is also admitted position that in January, 2013, candidate from revenue village viz. Ishrat Bano was eligible candidate. He will become eligible only if the candidate from revenue village and education zone is not available and it is then zone of consideration would be extended to Panchayat Halqa. It is also admitted position that in January, 2013, candidate from revenue village viz. Ishrat Bano was eligible candidate. In the factual background of this case, neither petitioner Jehangir Abdullah Dar, nor Ishrat Bano, petitioner in SWP.No. 1684/2014, were eligible when the Primary School, Haranjiguroo was upgraded to the level of Middle School and two posts on Science and Math background were created. At the time when the Notification was issued on 15th October, 2008 and 31st December, 2008, both these competing persons were not eligible, notwithstanding this fact and in terms of the second Notification the zone of consideration was extended to Panchayat Halqa. On the material available on record, a positive view is taken that the delay in filling up of the post was because of the pendency of the writ petitions, issuance of interim directions as also pendency of Letters Patent Appeal. The posts created under SSA Scheme in view of the Government order are to be filled up on the pattern of R-e-T Scheme. The zone of consideration for supplying of the R-e-T post is to be revenue village. In terms of Government Order No. 288-Edu of 2009 dated 8th April, 2009, the Government has added habitation in a revenue village as zone of consideration which habitation has to conform to the requirements contained therein. Similarly in order to ensure that the R-e-T posts are filled up even when the eligible candidate is not available from the revenue village, Government orders have been issued from time to time to extend zone of consideration to education zone and to Panchayat Halqa. The initial zone of consideration, however, remains revenue village. The zone of consideration can be extended to education zone/panchayat halqa when candidate from the revenue village is not available. Admittedly, the petitioner has not been instrumental in delaying the supply of R-e-T position in upgraded Primary School Haranjiguroo. The post could not be filled up when the Advertisement Notice was issued in January, 2013. The zone of consideration was to be restricted to revenue village where the primary school is located at that point of time. The respondent no. Admittedly, the petitioner has not been instrumental in delaying the supply of R-e-T position in upgraded Primary School Haranjiguroo. The post could not be filled up when the Advertisement Notice was issued in January, 2013. The zone of consideration was to be restricted to revenue village where the primary school is located at that point of time. The respondent no. 5 was only eligible candidate from revenue village and she responded to the Advertisement Notice and was tentatively selected also. In the facts of this case and in view of the material placed on record, it cannot be said that the Senior Assistant working in the office of Zonal Education Officer had influenced delaying of the selection process. The Zonal Education officer, against whom, allegations were made, is not impleaded as party respondent in his personal capacity in the writ petition. He figures at serial no. 4 in the array of respondents in his official capacity. Even the Senior Assistant is not made the party in the writ petition. The allegations of malafide in the circumstances of this case cannot be taken cognizance of. Even otherwise, the malafide exercise of power cannot be attributed to the Zonal Education Officer. The fate has played its role in delaying the selection process, inasmuch as, initially the in-eligible and Arts candidates filed writ petition and obtained interim from the Court. Thereafter some other candidates filed writ petition which further delayed filling up of the posts. When the Advertisement Notice was issued in the year January, 2013, the petitioner, admittedly was not eligible being not resident of concerned revenue village. Now the petitioner’s contention about malafide exercise of power by the Authorities, having fallen to ground lock, stock and barrel, he is held to be ineligible candidate. The ineligible candidate cannot file writ petition for issuance of writ of certiorari as none of his legal right is infringed. For the above stated reasons SWP.No. 2023/2011 along with connected CMP(s) is dismissed. Interim direction, if any, shall stand vacated. Consequently, SWP.no. 1684/2014 along with connected CMP(s) is allowed and the impugned Notification No. CEOB/Estt/Legal-9680 dated 12th July, 2014 issued by respondent no. 3 (Chief Education Officer) Budgam is set-aside. The respondents are directed to conclude and finalize the selection process initiated vide Advertisement Notice No. ZEOB/13/2945-47 dt 7.01.2013. The selection process be concluded within two weeks from the date copy of this order is served. 3 (Chief Education Officer) Budgam is set-aside. The respondents are directed to conclude and finalize the selection process initiated vide Advertisement Notice No. ZEOB/13/2945-47 dt 7.01.2013. The selection process be concluded within two weeks from the date copy of this order is served. In view of the dismissal of SWP.No. 2023/2011, the contempt petition no. 482/2011 does not survive for further consideration is accordingly disposed of.