RENU BALA Vs. STATE 0F J&K

JUDGEMENT

(1.) Petitioner, claiming to be qualified as M.A. B.Ed. and hailing from village Salalpur applied for the post of ReT Teacher in response to Advertisement Notice dated 09.08.2012 issued by respondent no.3. The post was advertised for NPS Dhupshari, Zone Marheen. However, the Village Education Committee (for short, VEC) did not recommend her name for selection. Allegedly this was done on the behest of Sarpanch of the Halqa Panchayat, who also happened to be the convener of VEC, Salalpur. Respondent no. 4 - Zonal Education Officer refused to accept the application form of petitioner. Feeling aggrieved, petitioner has assailed the impugned decision of VEC and claimed the following relief;

(2.) In terms of order dated 24.08.2012, Zonal Education Officer, Marheen was directed to entertain the petitioner's Application Form and permit her to participate in the Selection Process for engagement as Rehbar-e-Taleem in NPS Dhupshari-Salalpur subject to determination of her eligibility by this Court.

(3.) Arti Sharma, claiming to be an interested party on account of her figuring in the selection panel, was arrayed as respondent no.7 in terms of order dated 02.11.2012. While respondents 5 and 6 did not appear to contest the petition, all other respondents filed their reply and submitted documents which have been taken on record. The contesting respondents 1 to 4 have filed objections pleading that two posts of RET Teachers were advertised on 11.08.2012 for NPS Dhupshari village Salalpur Zone Marheen under Sarva Shiksha Abhiyan by the Chief Education Officer, Kathua. The last date of submission of the application form was 21.08.2012. Petitioner also filed her application form which was not entertained as the same had not been signed by the VEC members/Sarpanch of the said Village. However, petitioner's application form was entertained on 27.08.2012 pursuant to the directions of this Court. A panel of six candidates was prepared wherein the petitioner figured at Serial No.2 and private respondent No.7- Arti Sharma figured at Serial No.3. The panel was submitted to VEC members in terms of guidelines of Sarva Shiksha Abhiyan but all members objected to the placement of petitioner in the list on the ground that she was not residing in village Salalpur for the last 35 years. Respondent no.7 pleaded that in the first instance, selection panel consisted of only two candidates namely, Ashwani Kumar figuring at Serial No.1 and private respondent no.7 figuring at Serial No.2. The private respondent claims to be a graduate with B.Ed. qualification and resident of village Dhupshari Salalpur satisfying the eligibility criteria for appointment as RET Teacher in the said NPS Dhupshari Salalpur. It is further pleaded that the petitioner's family had left the village more than 30 years before and settled in Ward No.16 Lower Shiva Nagar, Kathua. Thus, respondents 3 to 6 were justified in keeping the petitioner out of consideration zone. It is further pleaded that the petitioner's family is no more resident of village Salalpur and the petitioner is ineligible for selection.