REKHA RANI Vs. STATE OF J AND K

JUDGEMENT

(1.) Petitioner has filed this Writ Petition questioning the selection of respondent Nos. 6 & 7 as Rehbar-e-Taleem for Primary School Surth in Zone Bhaddu of District Kathua on the ground that the State-respondents had erred in selecting respondent Nos. 6 & 7 ignoring the superior merit of the petitioner who had figured at Serial No. 1 of the Merit Panel. The State-respondents do not dispute the placement of the petitioner at Serial No. 1 of the panel, but contest her claim to selection and engagement, inter alia, on the ground that she had not furnished proof of her residence at Ramkote and had rather enclosed with her application, the Permanent Resident Certificate of one Vinay Kumar, stated to be her husband but without any documentary proof of the marriage. Her claim to selection was thus rejected on the ground that she was not resident of Village Ramkote, a necessary eligibility condition for selection as Rehbar-e-Taleem.

(2.) The maintainability of the petitioner's Writ Petition has been contested additionally on the ground of delay and laches urging that the petitioner was disentitled to question the selection of the respondents made in June 2000 after a period of about 4 = years.

(3.) I have considered the submissions of learned Counsel for the parties and find that the petitioner has not given any explanation of any type whatsoever for her delayed approach to the Court to question the respondents' selection for more than four years. The documents placed on records by the petitioner indicate that the grievance against the selection of the respondents had been raised for the first time only in February 2004.