ASHA DEVI Vs. STATE

JUDGEMENT

(1.) Petitioner has sought writ of Mandamus commanding the respondents to appoint her as Rehbar-E-Taleem Teacher (for short R.E.T Teacher) on the grounds taken in the writ petition.

(2.) It is averred that vide advertisement notice No. DSEJ/1570-82 dated 5th of May 2000 issued by respondent No. 4 applications were invited from the permanent residents of district Jammu for appointment as R.E.T Teachers at village level in the district. A panel came to be drawn wherein the petitioner was figuring at serial No. 1, but despite that she was not appointed. The petitioner made verbal requests but despite of that, her grievance was not redressed. But one Tripta Devi who was figuring at serial No. 2 in the said panel came to be appointed in terms of an order passed by this Court in writ petition SWP No. 849/2003 titled Tripta Devi v. State and Ors. Petitioner again made a request for appointment but despite the fact that two posts were lying vacant, the respondent No. 4 instead of appointing the petitioner, issued a fresh advertisement notice vide No. DSEJ/PS/870-75 dated 22nd of November 2002- (Annexure 'C').

(3.) The respondents have filed the reply and resisted the petition on the grounds that the selection was made in the year 2000 whereas the petitioner approached the Court in the year 2004, after noticing the judgment dated 25th of November 2003 passed in writ petition SWP No. 849/2003 (supra). Petition is belated and no cogent reason is given. In terms of Government order No. 1670-Edu of 2003 dated 24th of November 2003, Government has issued clear cut ban on filling up the vacancies of General Line Teachers through R.E.T Scheme and as such at present there is no vacancy of R.E.T Teacher in the said school. Tripta Devi was appointed in pursuance to Court directions and petitioner cannot claim parity because neither she has represented before the respondents nor approached the Court within the reasonable time.