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2016 DIGILAW 563 (JK)

Pardeep Singh v. State of J&K

2016-10-25

DHIRAJ SINGH THAKUR

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JUDGMENT : Dhiraj Singh Thakur, J. 1. Petitioner challenges the selection of private respondent No. 5 as ReT in High School Kanthi, Zone Ramban, District Ramban, on the ground that the selection ought to have made on habitation basis in view of the fact that the school was situate at Trikhanaka, which was a habitation. It was stated that the population certification as also the distance certificate reflected that the population was more than 300 souls and a distance was more than 1 Km from other habitations. 2. Reference to the distance certificate placed on record by the petitioner would show that same has been issued by the Tehsildar Ramban, whereas according to the scheme, same had to be issued by the Assistant Executive Engineer of the Public Works Department. 3. On the other hand, the State in its response has filed a certificate issued by the Assistant Executive Engineer, PWD (R&B), Sub Division, Ramban to show that the distance between Village Kanthi and ward Trikhanaka was less than 1 Km. 4. If that be so, the petitioner would not be justified to claim that the Village Ward Trikhanaka satisfied the twin requirements of distance and population. Another issue highlighted by the learned counsel for the respondent No. 6 - Mr. R.K.S. Thakur is that the school was not situate at Ward Trikhanaka and, infact, was situate in Village Kanthi which was also a habitation. 5. Government Order No. 139-RD of 2007 dated 29.05.2007 has been placed on record, issued by the Director, Rural Development Department, which shows that Panchayat Halqa Kanthi consists of the Panch constituencies, namely Trikhanaka, Bhatain, Dhandhla, Pachal and Karool. 6. By virtue of the notification issued by the respondents, it is clear that applications were invited for the school at Village Kanthi, which is not the same thing as Trikhanaka. Moreover, there is nothing on record to show that the school was, infact, situate at Trikhanaka and not at Village Kanthi. Be that as it may, the official respondents do not appear to have committed any mistake in conducting the selection. Petition is thus found to be without any merit and is accordingly dismissed along with connected MPs.