NISHA KUMARI Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner, by way of this petition, seeks quashing of the engagement of respondent No. 5 as Education Volunteer/Para Teacher in EGS Centre, Thugi and with a further direction to the respondents to appoint her as Education Volunteer in the EGS Centre Thugi with all the consequential benefits.

(2.) In Zone Pancheri, a new EGS Centre at Thugi was sanctioned by the respondents under the Educational Guarantee Scheme in village Meer. In village Meer, two EGS Centres were sanctioned; (i) EGS Centre at Mohra Santha and (ii) EGS Centre at Mohra Thugi. The Education Volunteer (EV) was to be engaged on the basis of the merit from all the candidates of same village who were possessing 10+2 qualification. The respondent No. 5 was selected and appointed vide order dtd. 1/4/2005.

(3.) The contention of the petitioner is that the respondents have selected and engaged respondent No. 5, as an Education Volunteer in for EGS Centre in Village Meer, Mohra Thugi without issuing any advertisement and without following the norms for selection of an Education Volunteer. The petitioner, belonging to the said village, was the only eligible candidate for consideration to the post but was not selected for the post of Education Volunteer. The respondents, in order to select respondent No. 5 did not advertise the position of EV at EGS Centre Morha Thugi village Meer. The respondents, it is submitted, have wrongly selected respondent No. 5, who is resident of Mohra Guen and not Mohra Thugi and it is only the resident of the same Mohra, i.e., Thugi, who could be selected for the post.