SEEMA DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 22.08.2012 rendered by the learned Single Judge, holding that the name of the appellant-petitioners were rightly deleted from the panel prepared for their engagement on the post of Rehbar-e-Taleem in Primary School, Dhaki. The learned Single Judge also repelled the challenge to the induction of Naresh Kumar and Raman Kumar- respondent nos. 5 and 6 respectively in the panel. The view taken by the learned Single Judge is that the appellant-petitioners were not actual residents of village Blater Mohra Dhaki. On account of serious dispute the learned Single Judge directed the Deputy Commissioner, Samba vide order dated 28.09.2010 to record findings with regard to the claim of the appellant-petitioners that they were residents of Village Dhaki. The appellant-petitioners and respondents were given opportunity to produce material to support their respective stand before the Deputy Commissioner who eventually file3d the report which concluded that the appellant-petitioners were not actual residents of Village Blater Mohra Dhaki. The learned Single Judge rejected the objections filed against the report of the Deputy Commissioner and also the contention that the appellant-petitioners were not given opportunity to adduce evidence before the Deputy Commissioner. According to the learned Single Judge, the report of the Deputy Commissioner specifically indicated that the appellant-petitioners had appeared before him and have produced documents and made statements in support of their claim that they were actually residing in Village Blater Mohra Dhaki. The view of the learned Single Judge is discernible from the following paragraphs which read thus:-

(2.) We have heard learned counsel for the parties at some length. Mr. M. K. Bhardrwaj, learned senior counsel has made an attempt to persuade us to upset the findings recorded by the Deputy Commissioner in his report and has submitted that the Letters Patent Bench may record that the appellant-petitioners are residents of Village Blater Mohra Dhaki. However, Mr. Sudershan Sharma appearing for the caveator has argued that the categoric findings recorded by the Deputy Commissioner and duly accepted by the learned Single Judge would not warrant any interference because the findings are based on evidence.

(3.) Having heard the learned counsel for the parties and perusing the paper book with their able assistance, we are of the considered view that this appeal is devoid of any merit and does not warrant admission.