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2017 DIGILAW 400 (JK)

Bandana Kumari v. State

2017-07-24

B.S.WALIA

body2017
JUDGMENT : 1. Learned counsel for the petitioner states that advertisement for the two posts of RET for Education Zone Assar for Upper Kanderi, New Primary School was given but respondent Nos. 7 and 8 who do not belong to Revenue Village Kanderi but belong to Village Lilote had been appointed in derogation of Government order No. 288/2009 as well as advertisement. 2. Learned counsel refers to Annexure-P (page No. 54 of the paper book) which gives the list of villages and their Mdorha of Nibat Assar/ Bhagwah and refers to S. Nos. 4 and 12 of the said list to show that village Assar includes Hemlet Kanderi where the New Primary School is located for which the posts in question were advertised. 3. Per contra Mr. Amit Chopra, learned GA refers to page No. 34 of the paper book to the report of the Tehsildar, Doda dated 11.05.2010 to contend that Upper Kanderi is a part of the Revenue Village Lilote and in view thereof, the selection of respondent No. 7 has been correctly made. 4. Mr. S.S. Ahmed, learned counsel for the petitioner in turn refers to page No. 30 of the paper book which is the report of Revenue Agency dated 10.02.2010 as per which Upper Kanderi is a part of Revenue Village Assar. On the basis of the same learned counsel contends that the selection for the posts in question could have been made only from the candidates belonging to Revenue Village Assar. 5. Learned counsel prays that in the circumstances the writ petition be disposed of by directing the Deputy Commissioner, Doda to conduct an inquiry to ascertain the status of Revenue Village Lilote after associating concerned and to supply a copy of the inquiry report to the petitioner. 6. The aforementioned course of action is not opposed to by learned GA. 5. Learned counsel prays that in the circumstances the writ petition be disposed of by directing the Deputy Commissioner, Doda to conduct an inquiry to ascertain the status of Revenue Village Lilote after associating concerned and to supply a copy of the inquiry report to the petitioner. 6. The aforementioned course of action is not opposed to by learned GA. In view thereof, the writ petition is disposed of by directing the Deputy Commissioner, Doda to conduct/get conducted an inquiry from a responsible officer to ascertain as to whether NPS Upper Kanderi for which the posts were advertised falls in Revenue Village Assar or Lilote and whether the posts of RET which had been advertised for NPS Upper Kanderi could have been filled up by the candidates belonging to Village Lilote; after giving opportunity of hearing to the parties concerned for which notice shall be served to all concerned, whereafter, inquiry be conducted and copy of the same be furnished to all concerned. It would be open to the aggrieved party to challenge the report in accordance with law. 7. Needful be done as expeditiously as possible preferably within a period of three months from the date certified copy of the order is supplied. 8. With the aforementioned directions, writ petition stands disposed of.