SURIYA JABEEN Vs. STATE AND ORS.

JUDGEMENT

(1.) Appellant had competed for the post of ReT Teacher (Science Stream) as was available in newly upgraded Middle School, Mangnipora. One Shakir Hussain Khan possessing B.Sc. qualification had also applied who figured at serial No. 4 whereas petitioner figured at serial No. 1. Said Shakir Hussain had represented that the selection has to be made on the basis of Habitation. Mangnipora and Turkpora are two separate Habitations, school is situated at Mangnipora, therefore, he being resident of Mangnipora is entitled to be considered on the basis of Govt. Order No. 288 -Edu of 2009, dated 08.04.2009. He also filed writ petition(SWP) No. 1416/2009 which stand disposed of vide order dated 09.10.2009 wherein it was observed that the engagement/appointment has to be in accordance with the scheme/rules. In compliance whereof, said Shakir Hussain was appointed as ReT. That order has not been challenged. Said Shakir Hussain died as a result whereof fresh advertisement notice dated 18.03.2013 for filling up the said post was issued which is challenged by the petitioner by medium of second writ petition i.e. SWP No. 383/2013 seeking quashment of the same on the ground that she figured in the list, therefore, should have been appointed.

(2.) Reply as filed by the respondents clearly demonstrate that Mangnipora and Turkpora are two different habitations located at a distance of one kilometer from each other having population of more than 300 souls each. Shakir Hussain was appointed on the basis of being resident of Habitation Mangnipora who after working for more than two and half years has died which necessitated issue of fresh advertisement notice.

(3.) Learned Single Judge while noticing all the facts and features has dismissed both the writ petitions, rightly so because petitioner and said Shakir Hussain had applied for the post of ReT (Science Stream) and since Shakir Hussain was resident of Habitation Mangnipora, therefore, in terms of Govt. Order No. 288 -Edu of 2009, dated 08.04.2009 coupled with the direction issued in SWP No. 1416/2009 dated 09.10.2009 had been engaged as ReT but unfortunately after working for a period of two and half years has died, therefore, vacancy fell vacant, as a necessary corollary, advertisement notice has been issued for filling up the said post.