LAWS(J&K)-2016-2-66

AAMIR ZEESHAN Vs. STATE OF J&K & ORS.

Decided On February 15, 2016
Aamir Zeeshan Appellant
V/S
State of JAndK And Ors. Respondents

JUDGEMENT

(1.) Caveat No. 395 of 2016 Caveat shall stand discharged. LPASW No. 9 of 2016 - This appeal is filed against the order made in SWP No. 2425/2010 dated 01.02.2016 which was filed by the appellant challenging the selection and appointment of respondent No. 5 in the post of Rehbar-e-Taleem in Middle School Chowki Sagra of Zone Mankote. The said writ petition was dismissed by the writ Court stating therein that any qualification or eligibility acquired after the cut of date will not be considered at all.

(2.) The case of the appellant is that as per the advertisement notice, two vacancies of ReT having Science and Math Stream were notified. The appellant applied being 10+2 with Science, but in the meanwhile a corrigendum was issued on 07.08.2009. In light of the above said corrigendum, the appellant became eligible to apply for Math stream. It is further contended that the Zonal Education Officer, Mankote prepared the panel of merit list for both the streams i.e. Math & Science and submitted the same to Director School Education, Jammu. The Director School Education granted the approval for engaging the appellant as RET teacher in Math stream on contractual basis. Respondent No. 5 challenged the selection/approval and filed SWP No. 145/2010, which was dismissed.

(3.) The appellant who did not possess the qualification on the cut off date was selected and the said selection was challenged by respondent No. 5 in writ petition bearing SWP No 145/2010 and the interim stay was also granted.