MUSHTAQ AHMAD THOKER Vs. STATE & ORS.

JUDGEMENT

(1.) Vide advertisement notice issued by respondent No.4 (Zonal Education Officer, D.H.Pora), applications have been invited from the eligible candidates for engagement as ReT teachers in newly created Primary Schools which include newly created school in SofiMohalla (CheckiWatoo) revenue village Watoo where two vacancies are to be supplied. Eligible candidates from the concerned Habitation, in terms of the advertisement notice, are to be given preference.

(2.) Petitioner as well as respondent No.5 have applied for being engaged. Petitioner apprehending exclusion in view of being inferior in merit to the respondent No.5, filed writ petition(SWP) No.1864/2010) projecting therein that SofiMohalla, where the school is situated, is not a separate Habitation within revenue village Watoo but is a small Mohalla with a population of less than three hundred persons and is at a distance of half a kilometre from others, therefore, does not constitute Habitation within the meaning of explanation as notified in terms of Government order No.288-Edu of 2009. The said petition has been disposed of vide judgment dated 22.3.2011 with the direction to the Deputy Commissioner that he shall get the spot verification conducted through senior officer of the department so as to ascertain as to whether SofiMohalla is a separate Habitation, in the process both the parties shall be heard, based on such enquiry report, appointment shall be made.

(3.) In compliance thereto, Deputy Commissioner has appointed Assistant Commissioner(R) as enquiry officer who has submitted his report on 08.06.2011, wherein he has stated that the revenue village Watoo comprises of two parts Viz. Watoo and CheckiWatoo, the distance between the two is approximately one kilometre. Then has stated in the report that in CheckiWatoo, both petitioner as well as private respondent reside in different Mohallas, petitioner lives in ThokerMohalla and the private respondent lives in SofiMohalla. The distance between SofiMohalla and ThokerMohalla is about half a kilometre, separated by main road (Kulgam-Aharbal Road) and natural barrier in the form of rivulet. The distance from centre of village Watoo to SofiMohalla is more than one kilometre, just adjoining SofiMohalla is MagrayMohallaand these two Mohallas are contiguous and have no definite demarcation/natural barrier. The SofiMohalla and MagrayMohallahave the population of approximately 190 souls. Finally has concluded that SofiMohalla can be considered as aHabittion, both in terms of distance (over one kilometre from main Watoo village) and a population of over 300 souls including population of adjoining Mohalla.