MOHAMMAD ABBAS WANI Vs. STATE & ORS.

JUDGEMENT

(1.) Vide advertisement notice issued from the office of respondent No.4, published on 8.10.2009, two ReT posts in up-graded M/S Hergam Razloo Kund were to be filled up. In the said advertisement notice it was recorded that "the last date for the submission of application will determine the cutoff date for age and merit". Subsequently corrigendum has been issued on 14th of October, 2009 published on 16th October, 2009 where-under the words "the last date for submission of the application will determine the cutoff date for age and merit" were replaced by following words "the last date for submission of application will determine the cutoff date for qualification and merit".

(2.) Petitioner and respondent No.5 had also applied. Vis-a-vis petitioner objection was to the effect that on the 1st January of the year of advertisement i.e. 1.1.2009, he was not 18 years of age as was short by 13 days, as such, was found ineligible. Same position was challenged by medium of SWP No.1821/2009. Entertaining the said petition, on 27.11.2009 status quo was directed to be maintained till next date. Subsequently due to the absence of the petitioner, petition got dismissed in default on 28.5.2010. Then on the application of the petitioner was restored on 26.7.2010 but in the meantime it appears that the select list was finalized and engagement order in favour of respondent No.5 was issued on 20.7.2010.

(3.) Petitioner filed instant petition seeking quashment of the engagement order of respondent No.5 and for issuance of a command in the name of official respondents to consider the petitioner for engagement as ReT in the said school.