SHAMUS Vs. STATE AND ORS.

JUDGEMENT

(1.) The State Government on 30th November, 2002, sanctioned two ReT posts/positions in Primary School under Sarva Shiksha Abhiyan Scheme at Wagaypora, Pombay, Education Zone, H.C. Gam. The Zonal Education Officer without notifying availability of ReT vacancies/positions in the newly sanctioned School, got prepared a panel on 29th October, 2003, comprising of a single candidate namely Mudassar Ahmed Dar S/o Tariq Ahmed Dar, R/o Pombay respondent No. 6 in the petitions on hand, having 10+2 qualification with 257 marks out of 600 marks to his credit against one of the vacancies/positions available in the School. The Zonal Education Officer informed the higher ups in the department that no other candidate was eligible for the available vacancies. The respondent No. 6 was, accordingly, engaged as ReT against one of the available posts on 28.01.2004.

(2.) The petitioner on 17th February, 2004, approached Deputy Commissioner, Anantnag, with an application that as one of ReT vacancies was left unfilled, the Zonal Education Officer be directed to submit a panel of eligible candidates of the village for the engagement as ReT against the second ReT vacancy available in the School. The Additional Deputy Commissioner on 17th February, 2004, itself endorsed the petitioner's application to Zonal Education Officer, H.C. Gam directing him to prepare the panel and furnish the same to Chief Education Officer of the District. The Village Level Committee in its meeting held on 20th February, 2004 presided by Head Master, Government Primary School, Pombay, Zone H.C. Gam prepared the panel comprising of the petitioner, as no other candidate with requisite qualification was available in the village.

(3.) The Zonal Education Officer, H.C. Gam-respondent No. 4 in the petitions vide ZEO/HCJ/156/04 dated 15.05.2004 informed the Chief Education Officer, Anantnag that only the petitioner was eligible for engagement as ReT in Primary School, Pombay, on the date the School was sanctioned/opened. The respondent No. 4 further informed the Chief Education Officer, Anantnag, that another panel was prepared on 9th March, 2004 as the panel prepared on 20th February, 2004 was not acted upon because of his absence on leave. The Officer requested the Chief Education Officer to consider the petitioner for engagement against the available vacancy. The stand was reiterated in another Communication dated 14th June, 2004. The Chief Education Officer, Anantnag, vide CEO/AO/ReT dated 25th June, 2004, submitted the matter detailing all the background facts to the Director School Education.