JAGDISH KUMAR Vs. STATE OF J AND K

JUDGEMENT

(1.) By means of this petition, the petitioner seeks quashing of the report of Respondent 2 bearing Nos. 418-420/RPC/RSP dated 24-10-2002, by issuance of a writ in the nature of certiorari in alleging that the report has been based on deep rooted conspiracy. It is further stated that the document produced by the petitioner with regard to proof of his being permanent resident of the State is genuine, but yet Respondent 2 made a false and frivolous report contrary to the record and tainted with mala fides, illegality and arbitrariness on account of old enmity with the family of the petitioner because of a land dispute between them. That Respondent 2 has played a mischief by misplacing facts, on the basis of which permanent resident certificate was issued, with a purposive intent to harass and humiliate and harm the petitioner, who has been selected and appointed as a teacher and, at present, working in Government Primary School, Kotli Mirdian, R. S. Pura.

(2.) Respondent 2 in his reply has taken a stand that the petitioner on selection by the Service Selection Board was appointed as a teacher vide order dated 13-5-2002. It is stated that the petitioner submitted a certificate showing that certificate of permanent resident of the petitioner is under process before Tehsildar, R. S. Pura. This was, however, valid for one month. Subsequently, a certificate produced by the petitioner, shown to have been issued by the Additional Deputy Commissioner, Jammu vide order No. 213 dated 2-7-1997, to the Chief Education Officer, who in turn made a request to the Deputy Commissioner, Jammu, to verify its genuineness. A copy of the under process certificate dated 28-3-2002 was also enclosed with the request made by the Chief Education Officer, Jammu to the Deputy Commissioner, Jammu, for verification. Respondent 2 was endorsed a letter by the Deputy Commissioner for verification of the certificate of Jagdish Kumar, petitioner. It is stated that on verification from the record, it was found by Respondent 2 that no certificate under File No. 213/RPC on 2-7-1997 has been issued in favour of the petitioner. This file pertained to the certificate of permanent resident issued in favour of Badri Nath S/o Sain Dass R/o Chaula Tehsil R. S. Pura. Accordingly, report No. 418-20/PRC dated 24-10-2002, impugned in the writ petition, was sent to the Zonal Education Officer, R. S. Pura, for information and necessary action. It is further stated by the respondent No. 2 that no Permanent Resident Certificate under File No. 213/PRC/1987-88 dated 2-7-1997 has been issued in favour of the petitioner. By providing this information, on enquiry as to the genuineness of the Permanent Resident Certificate by the Zonal Education Officer. R. S. Pura, no right, much less fundamental, statutory or legal right, of the petitioner has been violated, so as to entitle him to maintain this writ petition. According to the respondents, for the post of teacher, the petitioner succeeded in getting his application form accepted on the basis of fake permanent resident certificate allegedly shown to have been issued under File No. 1450/PRC/83-84 dated 7-6-1984, as disclosed to the respondent by the State Service Selection Board, Jammu. Verification report has been issued by the respondents, after inspection and perusal of the official record relating to the issuance of the Permanent Resident Certificate. The verification report, being factually correct and based on the inspection of the relevant record, does not violate any right of the petitioner, so as to invoke the extraordinary writ jurisdiction of the Court.

(3.) I have heard the learned counsel appearing for the respective parties and also perused the record.