MOHAMMAD SHAFI HAJAM Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner, respondent No. 5 in the petition and other eligible candidates responded to an advertisement notice issued by Zonal Education Officer, Education Zone Gondhow Tehsil and District Doda inviting applications from eligible candidates for Rehbar.e.Taleem position in Primary School, Juddi village Bhalwana. The Village Level Committee prepared a tentative panel wherein the respondent No. 5 figured at S. No. 1 and the petitioner at S. No. 2.

(2.) The Zonal Education Officer Gondhow (respondent No. 4) acting on the recommendation made by the Village Level Committee vide order No. ZEO 304-07 dated 10.07.2000 engaged the respondent No.5 against the advertised position.

(3.) Petitioner, aggrieved with his non-selection and engagement of respondent No.5 questions the order No. ZEO/304-07 dated 10.07.2000, whereby the respondent No. 5 was engaged against the advertised position through medium of writ petition on hand. The main plank of petitioner s case is that in terms of Government order No. 396-Edu of 2000 dated 28.04.2000 only a candidate who belongs to village Bhalwana would be eligible for the advertised position and that as the respondent No. 5 belonged to a different revenue village namely Barshalla he was not eligible for Rehbar.e.Taleem position in question and therefore could not have been engaged as Rehbar.e.Taleem in Primary School Juddi. It is pleaded that as the petitioner figures at S. No. 2 in the panel, he was most meritorious candidates from village Bhalwana and had a right to be engaged as Rehbar.e.Taleem in Government Primary School Juddi, Bhalwana.