BANSI LAL Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) THIS Letters Patent Appeal is filed against order made in SWP No. 2726/2012 dated 01.10.2014 wherein the appellant had challenged the selection process initiated consequent to the advertisement published in notification No. DIP/J/3692/2012 dated 27.08.2012 and the select panel prepared by respondent Nos. 1 to 6, and for a direction, directing the respondents to re -advertise two posts of Rehbar -e -Taleem (RET) for new Primary School Dharlai in village Dharlai by inviting applications from the eligible candidates of Panchayat Halqa level. The learned Single Judge dismissed the writ petition.

(2.) IT was the contention of the appellant that private respondent Nos. 7 and 8 were not actually and physically residing in village Dharlai comprised in Education Zone Ramban and, therefore, they were not eligible for engagement as RET in NPS, Dharlai. In the notification issued one of the eligibility conditions prescribed was that a candidate must attach with his application form attested photocopy of Permanent Resident Certificate stating that the candidate must be actually and physically residing in the village where vacancy exists. The private respondents were selected for the said two vacancies above stated.

(3.) RESPONDENT Nos. 7 and 8, who have been selected, produced documents in support of their claim and the learned Single Judge by order dated 24.05.2013, taking note of the controversy regarding the Permanent Resident Certificate of respondent Nos. 7 and 8, referred the matter to the Deputy Commissioner, Ramban for conducting enquiry after giving reasonable opportunity to the appellant and respondent Nos. 7 and 8. The learned Single Judge also permitted all parties to file documents in support of their claims.