AMARJEET KOUR & ANR. Vs. STATE & ORS.

JUDGEMENT

(1.) By the medium of this writ petition, the petitioners are seeking to quash Letter No. PS/DC/Rsi/5-7 dated 1st April, 2010, whereby the Deputy Commissioner, Reasi directed the Zonal Education officer, Pouni to prepare a fresh panel after cancelling the earlier one, and also seeking a direction to the respondents to appoint them as Rehbar-e-Taleem Teachers under SSA Scheme in New Primary School, Morha Nanoti, Village Bharakh, on the grounds taken in the writ petition.

(2.) An Advertisement Notification dated 14.12.2009 was issued by the Chief Education officer, Reasi under the Sarva Shiksha Abhiyan Scheme inviting village-wise applications from the candidates for their engagement against the various posts of Rehbar-e-Taleem Teachers in different schools including two posts of Rehbar-e-Taleem in newly created Government Primary School, Nanoti, Village Bharakh. In response to the said notification, a number of candidates applied against the two posts of Rehbar-e-Taleem Teachers in Govt. Primary School Nanoti. Thereafter, a merit panel was prepared and objections were invited to the same. Certain candidates objected to the merit panel made at village level, demanding that the same be prepared at habitation level basis in the light of Government Order No. 288-Edu of 2009 dated 08.04.2009. Accordingly, a report was obtained from the Tehsildar as well as Block Development officer concerned and on the basis of their report, a fresh tentative select list was prepared at habitation level basis, wherein petitioners, namely, Amarjeet Kour and Jasbir Kour, found their place at Sr. Nos. l & 2 respectively. Again some of the candidates objected to the said list on the ground that the selection should have been made at village level and not at habitation level. Deputy Commissioner, Reasi, after conducting the inquiry found that the said Government order was not applicable to the case at hand. The competent authority after considering the report of Deputy Commissioner again made the selection at village level, wherein respondents 7 and 8, namely, Surinder Kour and Tejbir Kour, who were having more merit than the petitioners herein, were selected and their selection was approved by respondent no.3., i.e., Director School Education, Jammu. Feeling aggrieved the petitioners have questioned the same by the medium of present writ petition on the ground that the selection has been wrongly made and in contravention to order dated 08.04.2009.

(3.) Vide order dated 20.05.2010 notice was issued to the respondents for filing objections with a direction not to make appointments.