Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 599 (JK)

Yasser Amin v. State

2017-08-10

B.S.WALIA

body2017
1. The petitioner had applied for the post of RET and attached a certificate in terms of Government order No.288-Edu of 2009 dated 08.04.2009 alongwith the same. The petitioner was recommended for appointment vide order (Annexure-D) dated 14.12.2013. The provisional select list was challenged by respondent No.5 by filing a complaint before respondent No.4 on the ground that the habitation certificate attached by the petitioner was a forged document. The same was got verified by the Tehsildar, who submitted a report that the same fulfilled the parameters of Government order No.288-Edu of 2009 and was genuine. In the light of the aforementioned position, learned counsel for the petitioner contends that the official respondents are liable to be directed to issue appointment orders to the petitioner in view of the provisional select list. 2. Per contra, Mr. Gupta, learned AAG, has contended that the Tehsildar was not competent to give the certificate in the light of Government order No.288-Edu of 2009 and his jurisdiction extended merely to certifying one of the two requirements i.e., of the habitation having 300 or more souls. As regards the 2nd requirement of Govt. order 288-Edu of 2009 i.e., distance of the Morha from the other Morha, the said was to be on the basis of measurement certificate to be submitted by the AEE. Learned AAG refers to Circular No.DSEJ/RET/7007-16 dated 17.03.2011 issued by the Director, School Education in respect thereto. Relevant extract of the same is reproduced hereunder:- ‘Where the Govt. order No.288 dated 08.04.2009 is applicable, the habitation certificate in respect of population of the Morha is to be issued by the Tehsildar concerned and the distance certificate from one habitation to another habitation is to be issued by the AEE R&B or AEE, RDD which shall be verified by the CEOs.’ 3. On the basis of the same, learned AAG contends that the certificate issued by the Tehsildar is incomplete as the distance certificate from one habitation to another habitation is to be certified by AEE R&B or AEE RDD which in turn is to be verified by CEOs. 4. Faced with the aforementioned contention, learned counsel for the petitioner contends that he is not averse to a direction being issued to the Deputy Commissioner to get the distance between the two habitations verified from the competent authority in terms of the circular as referred to above. 5. 4. Faced with the aforementioned contention, learned counsel for the petitioner contends that he is not averse to a direction being issued to the Deputy Commissioner to get the distance between the two habitations verified from the competent authority in terms of the circular as referred to above. 5. Statement of learned counsel for the parties is taken on record. With their consent, writ petition is taken on board and is disposed of by directing the Deputy Commissioner, Rajouri to get the distance between the two habitations in question got measured from the competent authority in accordance with the Circular as referred to above in the light of Government Order No.288-Edu of 2009. On receipt of the report from the competent authority, the same shall be forwarded by the Deputy Commissioner, Rajouri to the ZEO concerned to take action in respect thereto in accordance with law. Needful be done as expeditiously as possible preferably within a period of two weeks from the date of receipt of certified copy of this order. Verification be got conducted after compliance with the principles of natural justice and giving an opportunity of hearing to all concerned. 6. Writ petition alongwith connected MPs stands disposed of in the aforementioned directions. In view of the orders in the writ petition, Contempt(SWP) No.100/2014 no longer survives, as such, the same is closed.