NASEER AHMAD KOTY Vs. STATE

JUDGEMENT

(1.) OBJECTIONS to the petition have not been filed, accordingly, the matter is taken up for final disposal.

(2.) CLAIMING to be entitled, to appointment as a 3rd Teacher under Rehbar -e -Taleern Scheme, in the Primary School of Village Nangnard of Tehsil Kulgam as recommended by concerned Village Level Committee, the petitioner states that his application for the same was not accepted by the concerned authorities and, accordingly, prays for issuance of mandamus upon respondents to appoint him as such. Materials appended with the writ petition include petitioners academic qualification certificate, and the recommendatory letter purporting to have been written by village committee.

(3.) ON over all consideration of the matter, I find that petitioners claim is slightly misconceived for the simple reason that as per his own showing he appears to be a resident of village Badijahalan and not Nangnard where the School is situate, while as per known eligibility criteria a candidate has to be a native of the village wherein the School is situate. The petitioner has how ever, tried to project the argument that the village wherein the school is situate, is a part of Halqa Badijahalan, and he being a resident of village Badijahalan, which falls in the same Halqa is eligible for consideration, which too appears to be faulty because the basic unit to determine eligibility of candidates under Rahber -e -Taleem Scheme among other things is the Village and not Halqa which usually is a combination of more than one villages, and that being so the petitioner appears to suffer for want of eligibility on that count also. That the concerned Village Level Committee has recommended him too will not be of any avail for the simple reason that in first place the said recommendation does not appear to be a valid proposal in terms of the scheme because it has nothing to show that the committee members considered any other candidate along with the petitioner for empanelment, also, and secondly that the petitioner does not at all reside in the concerned Village which renders the recommendation faulty, even if other wise it may have been valid.