MUSHTAQ AHMAD BHAT Vs. PARVAIZA AKHTER & ORS.

JUDGEMENT

(1.) The Letters Patent Appeal is directed against judgment and order dated 05.05.2010 in SWP No. 362/2010, whereby Writ Court has allowed writ petition, upheld selection of respondent No.1 as Rehbar-e-Taleem Teacher in Primary School Goswanigund village Gund Nauroz and commanded the respondents 2 to 4 to issue formal engagement/appointment order in favour of respondent No.1.

(2.) First an overview of the background facts:

(3.) The respondent No.1 aggrieved that despite her selection for the post of Rehbar-e-Taleem Teacher in Primary School Goswanigund, formal orders were not being issued by official respondents, filed a writ petition seeking a writ of mandamus, commanding respondents to issue formal appointment/engagement order in lavouir of respondent No.1. The respondent No. 1 also prayed for writ of prohibition, restraining the official respondents from cancelling or withdrawing the selection of respondent No.1. The respondent No.1 insisted that she was permanent resident of village Gundi Nowroz, since she married one Shri Fayaz Ahmad Lone of the said village and that respondent No.1, thus was eligible for the post of Rehbar-e-Taleem Teacher in Primary School Goswanigund. The respondent No.1 pleaded that her having been found meritorious as compared to appellant and other aspirants for that post, figured at S. No.1 in the select list and was entitled to be engaged as Rehbar-e-Taleem Teacher in the aforementioned school. The respondent No.1 complained that the official respondents without any right or reason and motivated by malafide intentions, avoided to issue engagement order in favour of respondent No.1. It was pleaded that as respondent No.1 had married Shri Fayaz Ahmad Lone "few days before the cut off date" and thus become resident of revenue village Gundi Nauroz, neither the appellant nor any other candidate could have a valid objection against engagement of respondent No.1 against the post.