LAWS(J&K)-2017-7-30

SURINDER KOUR Vs. STATE AND ORS.

Decided On July 19, 2017
Surinder Kour Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) Petitioner applied for the post of ReT for Government Primary School Nanoti in response to advertisement Annexure A dated 14.06.2010. Pursuant to the selection process, petitioner figured at S. No.2 of the select panel on the village level basis. However, the panel in question was not forwarded by respondent No. 4 to respondent No. 3 as objections had been filed by one Harmeet Singh to the select panel on the ground that it was Government Order 288 Edu of 2009 dated 08.04.2009 which was applicable and the same had not been applied. In view of the objections filed by the said Harmeet Singh, the then ZEO proceeded to frame the panel as per Government Order No. 288 Edu of 2009 dated 08.04.2009 whereupon the petitioner approached the Deputy Commissioner Reasi who appointed an Enquiry Officer. The Enquiry Officer gave a report that aforesaid Government Order was not applicable for selection to the post of ReT for Government Primary School Nanoti. The aforementioned enquiry report was forwarded by the office of Deputy Commissioner Reasi to respondent Nos. 3 and 4 on 01.04.2010. However, respondent Nos. 3 and 4 did not act upon the said report. Resultantly, the petitioner was not appointed leading to the filing of SWP No. 995/2010 by the petitioner and candidate at S. No. 1 in the select list.

(2.) Amarjeet Kour and Jasbir Kour, who were also candidates for the post of ReT for Government Primary School Nanoti, on the other hand, filed SWP No. 1266/2010 on the grounds on which objections had been filed by Harmeet Singh. This Court vide order dated 20.05.2010 in SWP No. 1266 of 2010 granted stay against the recommendations of the enquiry officer. Eventually SWP No. 1266/2010 was dismissed while SWP No. 995/2010 was also disposed of vide order dated 20.02.2013. Relevant extract of order dated 20.02.2013 in SWP No. 1266/2010 and SWP No. 995/2010 is reproduced hereunder:

(3.) Relevant extract of prayer in SWP No. 995/2010 is reproduced here under: