RISHI KUMAR BARBWA Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal is directed against a common order of the learned Single Judge dated 04.11.2010 passed in SWP no. 193/2010 and SWP no. 2309/2009.

(2.) The appellant was the petitioner in SWP no. 193/2010 while as 7th respondent was the petitioner in SWP no. 2309/2009. The issue concerns the engagement of teaching guide under the scheme of Rehbar-e-Taleem, hereinafter called the RET scheme, in Middle School, Sajwal falling in educational zone Jourian. There was an advertisement in Notification no. 1 dated 14.02.2009, calling for applications by the respondent-authorities for engagement of teaching guide under the RET scheme. The petitioner and the 7th respondent stated to have applied for the said engagement. In the select panel prepared by the Village Level Committee concerned on 24.02.2009, the name of the 7th respondent figured at serial no. 1 and the appellant's name figured at serial no. 2. After the panel was prepared, the appellant was stated to have preferred SWP no. 900/2009 with a plea that the select panel was not made keeping in view the mandate of Government Order no. 288-Edu of 2009 dated 08.04.2009 which was allowed. Thereafter a fresh panel was prepared and, according to the appellant, his name was shown as selected but yet he was not allowed to join.

(3.) Be that as it may, the 7th respondent, who got impleaded in SWP no. 193/2010, contended that after the preparation of the first panel dated 24.02.2009, in which her name figured at serial no.1, when she approached the authorities for issuance of engagement order, they declined and that another panel came to be issued in which her name did not appear. The 7th respondent, therefore, contended that when the selection was made pursuant to the Notification dated 14.02.2009, the same cannot be altered, based on the subsequent G.O. no. 288-Edu dated 08.04.2009.