FIRDOUSA AKHTAR Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) The petitioner has filed this writ petition with the prayer to quash: (i) communication No. Estt/SSA/RT/16254 -58, dated 25.08.2008 whereby the Chief Education Officer, Kupwara, has sent information about the selection of respondent No. 5 to the Zonal Education Officer Langate, and requested him to engage her as Rehbar -e -Taleem under SSA at UPS Zand Batpora; (ii) the consequent order of engagement of respondent No. 5 issued by the Zonal Education Officer, Langate, under endorsement No. 2272 -73/OH/09, dated 29.08.2009; and (iii) the reports on the enquiry conducted by Chief Education Officer, Kupwara, of his own as also the enquiry conducted by the Principal, Higher Secondary School, Handwara, to ascertain whether the petitioner had migrated from the village. The petitioner has also prayed for a direction to the respondents to strictly adhere to the merit and appoint her on the said post of Rehbar -e -Taleem (ReT), being more meritorious than respondent No. 5. The petitioner and respondent No. 5 alongwith other candidates competed for selection and engagement as ReT against two vacancies at PS Zand Batpora advertised by the Zonal Education Officer, Langate. Tentative selection list issued vide notification No. DIPK -302, dated 11.10.2009 showed respondent No. 5 to have been selected as one of the two candidates against the two advertised positions of ReTs for UPS Zand Batpora. Petitioner filed her objections to the tentative selection of respondent No. 5 on the ground of her (respondent No. 5) being lower in merit than the petitioner. According to the petitioner, since the objections so filed by the petitioner were neither considered, nor decided, she filed writ petition, SWP No. 819/2009, which was disposed of by the Court by order dated 08.07.2009 leaving the respondent, competent authority, free to address the issue and pass appropriate orders. However, the official respondents engaged respondent No. 5 on the post. The petitioner has accordingly, filed this writ petition for the reliefs mentioned above principally on the ground that the selection to the post of ReT for Primary School, Zand Batpora falling in revenue village Batapora has to be made on the basis of residence as well as the merit of the competing candidates. It is averred that, besides being a permanent resident of the village Batapora and having not migrated to any other place, she possessed higher merit than respondent No. 5 and was, therefore, entitled to be selected and engaged on one of the two advertised posts, but the respondents have made the selection and appointment of respondent No. 5 ignoring her superior merit. In proof of her claim that she has not migrated from the village, the petitioner has appended photocopy of a certificate dated 01.02.2009, professed to have been issued in her favour by Numberdar, Batapora, Langate as Annexure K with the petition.

(2.) The official respondents, in their response to the amended writ petition, have, inter alia, stated that complaints were received from the inhabitants of the village against the petitioner that she had migrated from the village to Srinagar about 14 years back. Consequent thereto, the Principal, Boys HSSS, Handwara, was asked to enquire into the allegation on the spot and to make a report of his finding. The said Principal visited the village on 13.02.2009 alongwith the dealing Assistant and found the house of the petitioner's father locked. It was found by him that nobody was residing there. On enquiries from the locals, including the Numberdar of the village, it was revealed that the family had migrated from the village 14 years back. A photocopy of the enquiry report of the Principal has been appended with this petition. The fact that the petitioner had migrated from the village is sought to be supported by letter No. EDH/2817 -19, elated 30.09.2013, addressed by Executive Engineer, Electric Division, Handwara, to one Naieem Ahmad Shah of Batapora in response to the latter's application under RTI Act, a photocopy whereof has been placed on record. It is stated therein that electric installation of the consumer, namely, Mr. Fareed Ahmad Shah son of Mohammad Anwar Shah resident of Batapora. i.e., the father of the petitioner, stood disconnected since 2004 due to migration of the consumer from the village Batapora. Apart from that, it is stated that the petitioner had made insertions in her marks certificate of B.Sc. 3rd year Examination in which she had appeared under Roll No. 1612 Session 2005 -2006 raising her marks in the subject of General English by 54 marks, which fact was established after correspondence with the University of Kashmir. In fact, in that connection a criminal case under FIR No. 216 of 2009, under Ss. 468 and 420 RPC also stands registered against the petitioner at the P/S Handwara. It is averred that, keeping in view the aforesaid factors, the respondents, in compliance of the direction of the Court passed in the aforesaid writ petition, SWP No. 819/2009, on 14.09.2009, prepared the panel of respondent No. 5, being a meritorious and eligible candidate who was ultimately selected and engaged in terms of the orders impugned in the writ petition.

(3.) Respondent No. 5 has filed her own reply reiterating what has been stated by the official respondents in their reply.