VEENA KUMARI Vs. STATE OF J&K

JUDGEMENT

(1.) The instant Letters Patient Appeal is directed against the judgment of the learned Single Judge dated 08.06.2011 passed in SWP No.937/2009, whereby upholding the appointment of private respondent No.6 (for short writ petitioner) as Rehbar-e-Taleem teacher for Upgraded Middle School, Panjah, Teshil Kalakote, District Rajouri as legal, directed the official respondents to consider the case of the appellant also, for the post of Rehbar-e-Taleem teacher against any available vacancy in the said school under Sarv Siksha Abhiyan (SSA) Scheme.

(2.) By way of interim order, confirmation of the writ petition as General Line Teacher was put to hold. However, it has been brought to the notice of the Court by Mr. Sharma, learned counsel for respondent No.6, that he already stands confirmed/regularized that too before this appeal was considered.

(3.) Keeping in view the peculiar facts and circumstances of the case on hand, in which the appellant was denied consideration for engagement as Rehbar-e-Taleem teacher and the fact that the writ petitioner was continuing as Rehbar-e-Taleem teacher on the advertised post, against which the appellant had staked her claim, direction was given to the State to consider the case of appellant's adjustment against available vacancy of General Line Teacher. This attempt was made so that both the candidates could be adjusted. However, State feels handicapped in considering the case of the appellant for her adjustment as General Line Teacher for non-availability of the post. Therefore, the present appeal calls for its disposal on merits.