YASIR ARAFAT AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Vide advertisement notice dated 22.7.2013, issued by respondent No. 4 (Zonal Education Officer, D.H. Pora), applications have been invited from the eligible candidates for engagement as ReTs in Middle School Checki-Wattoo. The unit of selection has been shown as Revenue Village Wattoo with a condition that if eligible candidates are available in the Habitation Checki-Wattoo, they will be given preference in terms of Govt. Order No. 288 dated 08.04.2009. A corrigendum notice has been published in Daily Newspaper Greater Kashmir in its issue dated 28th July, 2013 wherein it has been made clear that the unit of selection for engagement of ReTs at Govt. Middle School, Checki-Wattoo will be on revenue village basis. Then again one more corrigendum notice has been issued as published in Daily Newspapers Greater Kashmir in its issue dated 30th September, 2013, wherein it has been provided that the unit of selection for engagement of 02 ReTs at MS Checki-Wattoo will be made in terms of Govt. Order No. 288 dated 08.04.2009, as such, earlier corrigendum issued stands cancelled. It is this corrigendum notice published on 30th September, 2013, which is sought to be quashed on the ground that Checki-Wattoo is not a Habitation, therefore, all the candidates of Revenue Village Wattoo are eligible to be considered for selection.

(2.) Government order No. 288-Edu of 2009 dated 08.04.2009 [Refer 2012 (16) JKS JK-701] reads as under:

(3.) The question for determination is as to whether Checki-Wattoo is a Habitation of Revenue Village Watoo, if yes, then unit of selection shall be Habitation. In case it does not qualify as a Habitation, then unit of selection shall be revenue Village Wattoo. According to learned counsel for the petitioners, Wattoo is a revenue Village, it does not have any Habitation. In support of this submission, has relied on the report of Patwari and Naib Tehsildar dated 31st May, 2014. The report of the Patwari is that as per records, Wattoo is recorded as one village, no separate Habitation is recorded, however, it has different Mohallas. Naib Tehsildar has reported that as per records Wattoo is a big revenue village, it does not have any separate Habitation.