MUZAFFER AHMAD RATHER Vs. STATE OF J&K

JUDGEMENT

(1.) IT is averred in this writ petition that the respondents are preparing a panel of the candidates for appointment under Rehbar -e -Taleem Scheme of village Dardpora while combining with Village Malpora. The main thrust of the petitioner is that villages Dardpora and Malpor are two different villages, so respondents be commanded to prepare two separate panels for the villages Dardpora and Malpora.

(2.) THE respondents have filed reply and their stand in the reply is that 0 ardpora and Malpora are not two different villages but village Dardpora is a patti of village Malpora. It is profitable to reproduce para -2 of the reply herein; - "2. That Pry school Dardpora falling in Education Zone Nagam, has been upgraded under SSA scheme to Middle standard, and in light of the said upgradation three (3) candidates are to be engaged as Rehbar -e -Taleem on the basis of their merit, and in accordance with the mandate of Rehbar -e -Taleem scheme for the village "Malapora -Dardpora". It is essential to state here that Dardpora is not a separate village,but is a patti of village "Malapora -Dardpora, In accordance with the law laid down by this Hon ble Court in the case titled Zahida versus State and ors a penal is required to be prepared by taking the village as a unit, and in the present case the village "Malapora -Dardpora . The averments made by the petitioner that the respon dents wants to combine village Malapora and village Dardpora are specifically and vehemently denied. It is submitted here that Dardpora is not a separate village but is a part of village Malapora -Dardpora. The Selection/engagement of the candidates is strictly to be made in accordance with the mandate of the scheme and by taking village as a unit. The writ petition as such merits dismissal. "

(3.) THIS court, after noticing the reply, passed order dated 11.07.2005, which reads as under; - "Learned counsel for the petitioner could not make out that Dardpora is not a separate Village. He wants to make out that Dardpora is not a Patt, of Village Malpora. He seeks and ii granted two weeks time. List after two weeks. " In terms of this order, the learned counsel for the petitioner had sought time in order make out that Dardpora is not a Patti of Village Malapora.