NARAYANI SHARMA Vs. STATE OF J&K & ORS

JUDGEMENT

(1.) The instant appeal is directed against interlocutory order dated 30.05.2009 rendered by the learned Single Judge of this Court, clarifying the stay order granted earlier during the proceedings. The appellant-petitioner had impugned order dated 07.11.2008 passed by the Zonal Educational Officer, Sallan-respondent no.4 whereby the services of the appellant-petitioner have been disengaged. The learned Single Judge had stayed the operation of the aforesaid order dated 12.11.2008. However, in the meantime, the Director School Education passed another order dated 22.11.2008 again disengaging the services of the appellant-petitioner on the ground that she was less meritorious than Babita Rani-respondent no. 5. The aforesaid order dated 22.11.2008 continues to operate and it was never stayed. It is in the aforesaid circumstances that the learned Single Judge gave liberty to the competent authority to act upon order dated 22.11.2008 holding that he was fully competent to disengage the services of the appellant-petitioner.

(2.) Having heard learned State counsel, we are of the view that no exception is provided to interfere with the Interlocutory order passed by the learned Single Judge if services of the appellant-petitioner have been disengaged on the basis of the plea that she was less meritorious than the other selected candidate like Babita Ranirespondent no. 5 and there was no question of staying the order of disengagement in respect of the appellantpetitioner. The provisions of Articles 14 & 16 (1) of the Constitution would be complied with if the order of merit is followed rather than violated.

(3.) There is no merit in the appeal and the same is dismissed.