RUQAYA TASLEEMA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner, through the medium of instant petition, has challenged the enquiry report of Assistant Commissioner, Revenue, Budgam (respondent No.7) whereby petitioner's actual residence has been found to be in Ward No.3 of Municipal Committee, Budgam. A direction upon official respondents prohibiting them from releasing benefits in favour of respondent No.8 on the basis of the impugned enquiry report has also been sought.

(2.) The facts which emerge from the record of the case are that in December, 2004, applications were invited for filling up of two posts of Rehbar-e-Taleems for Primary School, Mehdi Colony, Wahdatpora Ward No.4 District Budgam. Both petitioner as well as respondent No.8 responded to the said advertisement notice. It appears that a tentative select list was prepared by respondent No.6, wherein petitioner figured at serial No.3 whereas respondent No.8 figured at serial No.4. Pursuant to letter No.MC/Bud/05/94 dtd. 4/5/2005, respondent No.3 published a list of candidates provisionally recommended/approved for engagement as ReT and objections were invited from the general public with documentary proof. It appears that father of respondent No.8 filed his objections to the aforesaid panel alleging therein that father of the petitioner is a resident of Ward No.3 Budgam and not Ward No.4.

(3.) A number of communications were exchanged between respondents No.3 and 4 on one hand and respondents No.5 and 6 on the other as regards the confusion created with regard to actual residence of the petitioner and ultimately order No.CEOB/Plg/3597-99 dtd. 11/8/2005 came to be issued by respondent No.3, whereby it was observed that the objections filed by father of respondent No.8 are genuine and corroborated by documentary evidence. Consequently, earlier tentative selection list was withdrawn and instead of the petitioner, respondent No.8 was selected as ReT for Primary School, Mehdi Colony, Budgam.