SIRJAN AHMAD DAR Vs. STATE & ORS.

JUDGEMENT

(1.) Habitation Asthan Mohalla of revenue village Parthan has been approved for opening of Primary School under Sarva Shiksha Abhiyan Scheme during 2010-2011. A notification has been issued on 11.11.2010 inviting applications from permanent residents of revenue village Parthan for supplying two posts of ReT teachers in the Primary School, Asthan Mohalla Parthan. Subsequently a represen tation has been filed by five persons which include respondent No. 5, wherein it was projected that in terms of notification inviting applications, the last date was fixed as 20.11.2010, 17th and 18th November, 2010 were holidays in view of Eid-ul-Zuha, from the date of publication of notification till cutoff date, only day was available for filing applications, therefore, fresh notification may be issued. Accepting the representation, fresh notification dated 10.1.2011 was issued and published in a daily newspaper on 12.1.2011. In response thereto, nine aspirants applied which include petitioner, as is clear from the communication addressed by Zonal Education Officer, Beerwa dated 25.01.2011 to Tehsildar, Beerwa for issuing present village residence certificate.

(2.) Petitioner has projected grievance by stating that the re-advertisement notice has been issued with the object of extending benefit to respondent No. 5-Mohammad Maqbool Dar as the said respondent had appeared in Higher Second ary Part two Examination in annual sessions 2009 and had obtained 518 marks out of 750 but subsequently, for improving his merit, he had appeared for the same examination in bi-annual session 2010 and had obtained 582 marks out of 750 as is clear from the marks card issued on 4th of January, 2011.

(3.) Respondents No. 1 to 4 in their objections have made it clear that vide notification dated 11.11.2010, applications were to be submitted up to 20.11.2010. The said notice was published in daily newspaper Kashmir Uzma as late as on 17.11.2010 when 17.11.2010 and 18.11.2010 were gazette holidays in view of Eid-ul-Zuha, therefore, only two days i.e. 19 and 20th November, 2010 were left for the candidates to apply. Four candidates had submitted their applications but they had not submitted their permanent residence certificates. Various candidates including respondent No. 5 represented to respondent No. 3 to re-advertise the posts as only two days were left for submission of application forms. The respondents No. 1 to 4 never knew that respondent No. 5 had appeared in the examination for improve ment. The re-advertisement of the posts was with the object of allowing all the deserving to participate in the process.