SYED IMRAN HUSSAIN Vs. STATE

JUDGEMENT

(1.) ADMITTED position of the case is that two posts of RT were available in the newly created Primary school, Suria -mohall, Kreeri educational zone Wagroo against which after seeking candidature a panel of 11 candidates was prepared with petitioner figuring at S. No. 9. The candidate at S. No. 1 withdrew and did not opt to continue with his candidature while as the one at S. No. 3 was not considered in view of the dispute regarding place of her residence, whereas candidates at S. No. 2 and 4 were recommended for appointment. Meanwhile the candidate at S. No. 3 Jaleela Akhtar had instituted a suit before Sub -Judge, Baramulla for having herself declared entitled to the engagement as against the candidate at S. No. 4 namely Gh. Nabi Mir who had been recommended for appointment who also sought impleadment in the suit and pleaded that his appointment be ordered in view of the higher merit against said jaleela Akhtar. This litigation somehow extended to this Court by way of a revision petition which was disposed of by referring the matter to Dy. Commissioner for conducting inquiry in that matter and deciding entitlement between Jaleela and Gh. Nabi with an observation that appointment whatsoever made would be subject to out come of the main suit. Subsequently the engagement of Gh. Nabi Mir was made subject to out come of civil suit. Sometime thereafter the appointed candidate Rabiya Akhtar who figured at S. No. 2 surrendered her position with the roul that a vacancy became available, and there from the present dispute between petitioner and respondent/authorities appears to have commenced.

(2.) PLEADING that among other in the list above made at S. Nos. 5, 6, 7 and 8 the only candidate Mohmmad Akbar Mir figuring at S. No. 7 who had higher merit than petitioner having admittedly been appointed as RT in another school of Khasipora in the same village, the petitioner claims that in order of merit he was the next available candidate in order of merit to be adjusted against the vacancy becoming available as a result of surrender of the position by erstwhile incumbent Rabiya Akhtar because all other candidates in the list were below him in the merit with the candidate at S. No. 5 namely Javid Ahmad also employed and the one at S. No. 6 Abdul Hamid Ahanger having 52.6% marks in B.Sc and Tasleema Akhtar figuring at S. No. 7,43.11 marks in her BA with other two at S. No. 10 and 11 being only 12th pass while he had 57.55 marks in B.Sc thereby deserved to be adjusted against the vacant position that became available due to surrender of Rabiya Akhtar as already said.

(3.) I have heard learned Counsel and considered the matter. On consideration 1 find that the plea taken and contentions advanced by both sides are untenable because the post becoming vacant as result of the surrender thereof by selected candidate appointed against the same after completion of selection process would be a fresh and newly available post required to be filled up through as fresh process of selection. As may be noticed from what has preceded the process of selection in the matter was complete with appointment of RTs notwithstanding that Gh. Nabi Mir's appointment was made subject to out come of civil suit by Jaleela Akhtar but the process of selection had culminated into ultimate appointment of the entitled candidates where after any vacancy becoming available due to any reason whatsoever would have to be treated to be a fresh vacancy and filled up accordingly. Accepting the contention of petitioner or for that matter the respondents would mean continuation of the selection list comprising of 11 people even after culmination of selection process into final appointments, which in other words would imply that any time any vacancy in the school becomes available, the candidates enlisted at this selection would have a claim for all future vacancies blocking entry to all new entrants who may become eligible in the meanwhile. This position appears to be absurd and cannot be acknowledged as the result, therefore, is that the vacancy available due to surrender of Rabiya Akhtar has got to be treated as a fresh vacancy and filled up accordingly.