LALITA DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) Apprehending her ouster as Rehbar-e-Taleem in newly Upgraded Primary School, Sabha Basti, Badyal Brahmana Zone Miran Sahib Tehsil R.S.Pura on Seema Raina's Complaint claiming appointment on the basis of her better merit, the petitioner-Lalita Devi approached this Court by her Writ Petition, SWP No.871/2005. This Writ Petition was disposed of vide order dated 30.09.2005 providing that if any adverse order was warranted against the petitioner, rules in vogue and principles of natural justice be observed. Pursuant to the orders passed in the petitioner's Writ Petition, the Director School Education, Jammu found Seema Raina entitled to engagement being better in merit to the petitioner. He, therefore, issued Notice to the petitioner as to why her services be not terminated. The petitioner again approached this Court questioning the Directorate's Notice besides seeking directions for continuance as Rehbar-e- Taleem. Her Writ Petition, SWP No.1573/2005 was, however, held premature and accordingly dismissed on 15.05.2006.

(2.) Considering the petitioner's Reply to the Show Cause Notice, it was found that she was disentitled to engagement being lower in merit to Seema Raina. Director School Education, Jammu, therefore, approved Seema Raina for appointment as Teacher under Sarva Shiksha Abhiyan Scheme in Govt. Primary School Sabha Basti in place of the petitioner vide order dated 20.03.2007. The petitioner questioned the Directorate's order by her third Writ Petition SWP No.571/2007.

(3.) During pendency of the above mentioned Writ Petition, the petitioner filed yet another Writ Petition, SWP No.620/2007, wherein she questioned Zonal Education Officer, Miran Sahib, Jammu's order No.ZEO/MS/07/1845-49 dated 30.03.2007 whereby Seema Raina was engaged as Rehbar-e-Taleem. The only plea that the learned senior counsel appearing for the petitioner canvassed at the time of hearing of these Petitions was that as Seema Raina was not possessing Permanent Resident Certificate when she applied for engagement as Rehbar-e- Taleem, so she was not entitled to engagement being ineligible therefor, in that, possessing of Permanent Resident Certificate was a necessary eligibility condition to compete in selection for engagement as Rehbar-e-Taleem.