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2017 DIGILAW 308 (JK)

Ashwani Kumar v. State of J&K

2017-07-12

SANJEEV KUMAR

body2017
JUDGMENT : 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. The case set up by the petitioner in the writ petition is that respondent No.4 vide advertisement notice No. 07 of 2009 dated 12.12.2009 invited applications for filling up two posts of Rehbar-e-Taleem in Primary School, Lamunga in village Ghar. The merit panel of eligible candidates was prepared by respondent No.4, in which the petitioner was placed at serial No.1. Petitioner further submits that thereafter respondent No.6, feeling aggrieved of the placement of the petitioner at serial No.1 of the merit panel, challenged selection of the petitioner through the medium of SWP No.196/2013, which was disposed of by this Court vide order dated 23.12.2015 , wherein with a view to resolve the issue, Deputy Commissioner, Jammu was directed to conduct an enquiry as to whether the selection of petitioner herein, who was respondent No.5 in the aforesaid writ petition, as Rehbar-e-Taleem in Primary School, Lamunga, Education Zone, Chowki Choura satisfied the conditions of Government No. 288-Edu of 2009 dated 08.04.2009 at the relevant point of time when the advertisement notification was issued. It was further directed that the Deputy Commissioner shall submit his report to the Chief Education Officer concerned within a period of three weeks and based on the aforesaid report, the Chief Education Officer, Jammu shall proceed in the matter for the purposes of making appointment. 3. The grievance of the petitioner is that pursuant to the aforesaid direction of this Court, though, the Deputy Commissioner, Jammu constituted a committee of two officers comprising of Sub Divisional Magistrate, Chowki Choura and District Social Welfare Officer, Jammu, but the aforesaid committee without associating the petitioner submitted report to the Director School Education, Jammu with one line conclusion that “the petitioner- Ashwani Kumar does not fulfill the conditions, as laid down in Government Order No. 288-Edu of 2009 dated 08.04.2009”. The aforesaid report is challenged by the petitioner in this petition primarily on two grounds one, that as per the directions of this Court passed on 23.12.2015, Deputy Commissioner, Jammu had been directed to hold enquiry, therefore, he could not have further delegated this power to the committee and two, that even committee constituted by the Deputy Commissioner did not associate the petitioner with the enquiry, though, there was a specific direction contained in the order dated 23.12.2015. 4. 4. I have perused the record and the order passed by this Court vide order dated 23.12.2015 in SWP No. 196/2013. 5. From the perusal of the aforesaid order, it is abundantly clear that this Court had specifically directed the Deputy Commissioner, Jammu to hold an enquiry, therefore, as rightly contended by the learned counsel for the petitioner, he could not have delegated this power to anybody else or to Committee, as has been done by the Deputy Commissioner, Jammu in the instant case. Similarly, there was a specific direction to the Deputy Commissioner, Jammu to associate in the enquiry the parties to the writ petition, which obviously includes the petitioner. From the perusal of the enquiry report, it would transpire that nobody including the petitioner was associated and as a matter of fact, no enquiry appears to have been conducted by the Deputy Commissioner, who has simply given its opinion that the provisions of Govt. order No. 288-Edu of 2009 dated 08.04.2009 are not attracted in the case without supporting the aforesaid opinion by any material. 6. Be that as it may, the enquiry report which is not in compliance of the order passed by this Court on 23.12.2015 in SWP No.196/2013 is bad in the eyes of law and cannot sustain. The impugned enquiry report is, therefore, quashed. Consequently a direction is issued to the Deputy Commissioner, Jammu to hold fresh enquiry so as to find out as to whether the provisions of Government Order No.288-Edu of 2009 dated 08.04.2009 are attracted in the case and as to whether the merit panel is required to be made on the habitation basis or by taking revenue village as a unit for selection. He will submit his report to the Chief Education Officer, Jammu within a period of four weeks from the date of receipt of copy of this order. The Chief Education Officer, Jammu shall thereafter proceed further in the matter as per the report of the Deputy Commissioner. Needless to say that the Deputy Commission shall be at liberty to associate the concerned officers for the purpose of collection of relevant data, which shall be considered by the Deputy Commissioner before formulating his conclusion in the enquiry. The official respondents shall make an effort to complete the selection process within eight weeks as the matter has already been delayed considerably and the school cannot be left without teachers.