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2017 DIGILAW 433 (JK)

Daleep Singh v. State

2017-07-26

B.S.WALIA

body2017
JUDGMENT : 1. Advertisement was given vide Notification No.CEO/R/20627-30 dated 13.10.2012 inter alia for posts of R-e-T Teachers for Primary School, Darboon Talli. Petitioner claiming to be eligible for the same applied and pursuant to conduct of selection process, a merit list of the candidates, who had applied for the post in question, was prepared as per which the name of the petitioner is the only one reflected therein as fulfilling the habitation requirement in terms of Government Order No.288-Edu of 2009 dated 08.04.2009 (Annexure-A). 2. Grievance of the petitioner is that subsequently respondent No.5 vide Annexure-B was shown as the provisionally empanelled candidate in supersession of the select list (Annexure-A), despite the fact that respondent No.5 does not belong to the Mohra in which Primary School Darboon Talli is located whereas the petitioner belongs to the Mohra in which Primary School Darboon Talli is located, therefore, in terms of Government Order No.288-Edu of 2009 dated 08.04.2009, it is the petitioner alone who is entitled to be selected and appointed on the post of ReT Teacher for Primary School, Darboon Talli. 3. Mr. Gupta, learned AAG states that, in fact, the order (Annexure-B) has been passed by the Zonal Education Officer, Peeri (Rajouri) i.e. respondent No.4 on his own, therefore, it would be appropriate that the matter be ordered to be got enquired into by the Deputy Commissioner, Rajouri in order to ascertain as to whether the petitioner and respondent No.5 are residents of the Mohra in question or not and depending upon the outcome of the enquiry, further action be taken in accordance with law to make appointment of the duly qualified candidate who belongs to the Mohra in question. 4. The aforementioned stand of learned AAG satisfies learned counsel for the petitioner as well as learned counsel for respondent No.5. Statement of learned counsel for the parties is taken on record. Writ petition is taken on board and is disposed of by directing the Deputy Commissioner, Rajouri to conduct/get conducted an enquiry with regard to the residential status of the petitioner and respondent No.5 as on the date of advertisement and on the basis of outcome of the enquiry, report be forwarded to the Director School Education, Jammu for taking appropriate action in accordance with law to fill up the post in question. Needless to mention, enquiry be conducted after giving an opportunity of hearing to the petitioner as well as respondent No.5 to project their stand and to lead such documentary evidence as they may desire. Needful be done as expeditiously as possible preferably within a period of three months from the date of receipt of certified copy of this order. With the aforementioned directions, writ petition alongwith connected MP stands disposed of.