MOHAMMD ASHRAF RAINA Vs. STATE OF J&K

JUDGEMENT

(1.) Advertisement Notification dated December 2, 2009 was issued by Zonal Education Officer, H.C. Gam, Kulgam and was published on December 3,2010 in a daily newspaper wherein and whereunder applications were invited for filling up of two posts of Rehbar-e-Taleem, besides other two schools, in Bonpora, Gadihama as well. The basic qualification was 10+2. The zone of eligibility was prescribed to be revenue village and applications alongwith all testimonials were to be submitted within ten days from the date of publication of the advertisement notification. It was also provided in the said notification that the last date for filing of applications shall also be the cut off date for determining merit/qualification/eligibility. The Petitioners and private Respondents responded to the said notification. After the process of selection was initiated by the official Respondents, Petitioners instituted civil suit before the court of learned Principal District Judge, Kulgam, in which it was prayed that a decree for declaration be passed in favour of the Petitioners and against the Respondents declaring therein that the Petitioners, being meritorious candidates and residents of Bonapora, Gadihama, are entitled for being selected and engaged as Rehbar-e-Taleem (for short ReT) under ReT Scheme for newly sanctioned primary schools at Bonapora, Gadihama. It was also prayed that by issuance of decree of Mandatory injunction, Defendants 3 and 4 be directed to adhere to the Government order No. 288-Edu of 2009 dated 08.04.2009. Notice has been issued in this suit.

(2.) When the official Respondents did not proceed with the selection process in pursuance of the advertisement notice, private Respondents filed writ petition (SWP) No. 181/2010 praying therein that by issuance of writ of Mandamus, Respondents be directed to complete the process of selection/engagement initiated in terms of the aforementioned advertisement notification. Further relief is sought that official Respondents be directed to consider the claim of the Petitioners for their engagement on the two posts of Rehbar-e-Taleem. It is also prayed that by issuance of writ of Mardamus, official Respondents be restrained from implementing the Government order No. 288-Edu of 2009 dated 08.04.2009. Notice was issued in this writ petition. After the merit panel was prepared by the Village Education Committee, tentative selection list was published.

(3.) Feeling aggrieved of the tentative selection list, the persons who have instituted civil original suit filed SWP No. 831/2010 wherein they have prayed for quashment of selection of private Respondents 6 & 7 as Rehbar-e-Taleem published in a daily newspaper on 13.04.2010. Further relief is sought that the Respondents be directed not to act upon the tentative selection list till such time the issue is resolved by the civil court. Notice was issued in this case also.