AZAD AHMED WANI Vs. STATE

JUDGEMENT

(1.) Applications were invited from the deserving candidates of village Augroo for the two posts of ReT to be filled in the Primary School, Dangerpora, Augroo as sanctioned under SSA Scheme. Among others Petitioner also responded. The tentative selection list of two candidates was prepared and said two candidates namely, Altaf Hussain Wani and Mohammad Ayoub Bhat were appointed. Altaf Hussain Wani resigned on 25.08.2009 as a result thereof one vacancy felt vacant.

(2.) Initially Zonal Education Officer had prepared the penal of three candidates which include the Respondent No. 6 (Shazia Akhtar) in accordance with merit. When the vacancy felt vacant due to resignation of Altaf Hussain Wani, the matter was taken up by Chief Education Officer with the Director School Education who vide his communication dated 14.09.2009 responded by stating that the penal framed on 7.04.2009 is still live to be operated. The Petitioner aggrieved thereof filed the instant petition, contending therein that the vacancy as has become available due to resignation by Altaf Hussain Wani, should have been re-advertised as is the practice in vogue. In support of this contention, learned Counsel has placed on record various advertisement notices, one issued from the office of Zonal Education Officer, Sopore, Second issued by ZEO Vehil and third issued by ZEO Nehalpora where under the vacancy which had become available due to resignation of the appointed candidates were re-advertised. Further added that when the post became vacant, Petitioner had acquired further qualification of Masters Degree.

(3.) In opposition learned Counsel for Respondents 1 to 4 contended that scheme does not provide as to for how much period panel is to remain valid but however, circular has been issued on 01.12.2009 by Director School Education, Kashmir, where under it has been enjoined upon all sub-officers that a panel for filling up of Rehber-e-Taleem teacher posts for a school/schools shall be valid for one year from the date of framing of panel for considering enlisted candidates against the prospective vacancies in the school/schools.