SHEERAZ AHMAD MAKROO Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent Rules is directed against order dated 15.05.2012 passed by learned Single Judge of this Court, holding that both the appellant as well as respondent no. 8 are resident of Ward no. 3 and therefore both of them are entitled to be considered for appointment to the post of Rehbar-e-Taleem.

(2.) IT is pertinent to mention that an advertisement notice was published on 19.03.2010 in the English Daily 'Greater Kashmir' inviting applications from eligible candidates of Ward no. 3 of Municipal Committee, Arwani. The appellant challenged the eligibility of respondent no. 8 pleading that in fact he was not eligible as he was resident of Ward no. 4. On that basis, the appellant claimed that he possessed eligibility to the exclusion of candidates belonging to other wards. It has come on record that the certificate issued in favour of both the appellant as well as respondent no. 8 would show that the limitations of Ward no. 3 have not been finally decided. However, the area which has been included in Ward no. 3 is at a stage of proposal. The certificate issued in favour of the appellant shows that he is resident of Makroo Mohalla of Municipal Committee limits which falls in the proposed Ward no. 3. Similarly, respondent no. 8 is shown to be resident of Mohalla Kanipora of Municipal Committee which is proposed to be included in Ward no. 3. Apparently the proposal for inclusion of area, where both the appellant and respondent no.8 resides, is subject to final determination of the wards by the Competent Authority. In paras 4 and 5 the learned Single Judge has noticed the aforesaid factual position and has held both the candidates eligible for consideration for the post of Rehbar-e-Taleem and the same reads as under:-

(3.) THE appeal does not merit admission. The same is dismissed.