LAWS(J&K)-2013-5-77

ROHINI MEHRA Vs. STATE AND OTHERS

Decided On May 24, 2013
ROHINI MEHRA Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) By the medium of this petition, the petitioner is seeking to quash Communication No.SDM/NSR/Exec.2012-13/2000 dated 26.04.2012, whereby Sub-Divisional Magistrate, Nowshera, respondent No.5 herein, has directed the Chief Education Officer, Rajouri, respondent no.3 herein, to cancel the appointment of petitioner Rohini Mehra as a Rehbar-e-Taleem Teacher, U.P.S. Mawa, Zone Lower Hathel, Nowshera, and in her place to make appointment of one Amar Khan, respondent no.6 herein, on the grounds taken in the writ petition.

(2.) The facts in brief are that in pursuance to Advertisement Notice dated 17.03.2011 for filling up two posts of Rehbar-e-Taleem Teacher (one each in Math and Science stream) in the newly upgraded Govt. Primary School to the level of Govt. Middle School, Mawa Nowshera, under SSA Scheme, petitioner as well as respondents 6 & 7 applied for the post meant for Science stream. Respondents 6 & 7 came to be placed at, Sr. Nos. 1 & 2 in the merit panel having secured 70% and 68.5% marks respectively in 10+2, whereas petitioner was placed at Sr. No.3 for having secured 61.60% marks in 10+2.

(3.) Feeling aggrieved, petitioner filed objections to the merit panel questioning the merit position of respondents 6 & 7 herein. A serious allegation was leveled by her that both the private respondents had annexed fraudulent marks cards of 10+2 with their application forms thereby claiming to have secured 70% and 68.5% marks respectively from the Institutes out of the State Looking to the gravity of the allegations leveled, both of them were directed by the official respondents to produce the migration as well as bonafide certificates.