RAJNI JAMWAL Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) The appellant is the writ petitioner, who filed SWP No. 1823/2006, which having been dismissed by order dated 05.09.2014, this appeal is preferred.

(2.) The case of the appellant before the writ Court was to quash the appointment of 8th respondent as Rehbar-e-Taleem in Government Primary School, Peer Kho, contending that the appellant was the only candidate eligible as per notification dated 29.06.2004 and her name figured at serial No. 1 in the panel. The 8th respondent did not apply pursuant to the said notification dated 29.06.2004, however, she was appointed.

(3.) The case of 8th respondent on the other hand was that applications were invited on 17.07.2003 for two posts of Rehbar-e-Taleem for Government Primary School Peer Kho and two candidates, namely, Anu Radha Samyal and Shallu were selected and the said Shallu did not join, therefore, the 8th respondent, who was in the wait list alone has to be appointed as her name was in the wait list. The contention of the appellant was that the said Shallu joined and resigned, therefore, the said vacancy cannot be filled up by operating the wait list. The learned Single Judge has considered the said issue by relying on the letter of said Shallu, stating that she refused to join due to personal reasons, which were reflected in the letter given by her dated 24.03.2004, stating that the school in which she was selected under RRT scheme is very far away from her residence, so it was not possible for her to manage to attend the school regularly, so she was not interested to join against the said post and was resigning the RET post.