GULSHAD BEGUM Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) On perusal of the records, what emerges is that on 08.04.2005, Village Education Committee, Kallar Mohra after proper discussion had come to conclu sion that EGS Centres, more particularly, Mohalla Kass village Kallar Mohra is showing excellent performance, its continuation, upgradation upto the level of Primary School in future and for engagement of 2nd EV rules was recommended.

(2.) On recommendation of the Village Education Committee, appellant (Gulshad Begum) was engaged as 2nd EV Guide in EGS Centre Mohalla Kass village Kallar Mohra, by Zonal Education Officer, vide order dated 17.08.2005 for a period of one year. Subsequently, as per policy with regard to the up-gradation of EGS Centres to the level of Primary Schools and engagement/conversion of EVs as R-e-T thereof has been framed by the Government vide Government Order No. 322-Edu of 2008 dated 26.06.2008. Appellant working as EV in EGS Centre Mohalla Kass, Kallar Mohra from 17.08.2005 was formally engaged and posted as R-e-T purely on contractual basis in upgraded EGS Centre Mohalla Kass now primary School vide order No. ZEO/732-33 dated 09.10.2010, issued by Zonal Education Officer.

(3.) Respondent no.5 (Rukhsana Kousar) filed writ petition seeking quashment of the order dated 17.8.2005 with a further prayer to appoint her as R-e-T. The said writ petition was disposed of vide judgment impugned dated 27.04.2011. In terms whereof, the engagement order of the appellant as 2nd EV dated 17.08.2005 has been quashed with direction to the official respondents that since the appointment of the respondent-writ petitioner has been made in April, 2006, she has right to work on the said post, with a condition that in case, there is any impediment in her appointment on the count of eligibility, the respondents shall examine the same and pass appropriate orders, till then respondent (writ petitioner) shall be allowed to join as 2nd EV. The said judgment is the subject matter of this appeal.