IMITIAZ HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) The respondent No. 3 vide Advertisement Notice No. Edu/SDP/SSA/278922-55 dated 04.08.2010 invited applications for engagement of RET Teachers under SSA Scheme in different villages of District Rajouri. Amongst others, two posts of RET teachers were notified for Government Primary School, Kanger (Kandi) of Zone Koteranka. In response to the aforesaid Notification, the petitioner claims to have applied for the post notified for Government Primary School, Kanger (Kandi). It is averred in the writ petition that since the habitation Kanger where the School in question was situated qualified to be "village" in terms of Government Order No. 288-Edu of 2009 dated 08.04.2009 and, therefore, the panel was required to be drawn by taking habitation Kanger as unit of selection. The petitioner claims that while the panel was being prepared, he came to know that the same was being prepared in violation of the Advertisement Notice as well as the Government Order No. 288-Edu of 2009 dated 08.04.2009. He approached this Court through the medium of SWP No. 2801/2010 seeking an innocuous direction to the respondents to prepare the merit penal on habitation basis and empanel the petitioner and others belonging to the habitation for consideration and issuance of necessary orders of appointment in their favour. It is submitted that in the aforesaid writ petition, by way of an interim order, directions were issued to the respondents to proceed in making selection on habitation basis strictly in accordance with the provisions of Government Order No. 288-Edu of 2009 dated 08.04.2009. In the meanwhile, it is claimed by the petitioner that respondent No. 4 had already prepared the merit panel at the village level wherein all the candidates belonging to different Moharas of Revenue village Kandi, who had applied, had been empanelled. The petitioner figured at S. No. 8 of the panel. However, pursuant to the interim directions issued by this Court on 07.12.2010 in SWP No. 2801/2010 fresh panel was prepared in terms of Government Order No. 288-Edu of 2009 dated 08.04.2009 in which the name of the petitioner figured at S. No. 2. The respondent No. 2, on receipt of aforesaid panel, issued approval for engagement of the petitioner and one Ishtiaq Hussain against the two posts of RET teachers notified for Government Primary School, Kanger vide Notification dated 08.04.2010.

(2.) It appears that engagement of the petitioner was challenged by one Zubina Kousar and Kifaitullah in two separate writ petitions, i.e., SWP Nos. 2528/2011 and 301/2012. The writ petition of Zubina Kousar was disposed of by directing the Deputy Commissioner, Rajouri to conduct inquiry about the permanent place of residence of petitioner. It is claimed by the petitioner that the inquiry so conducted, revealed that Zubina Kousar was not the resident of Mohra Kanger, whereas the petitioner was found to be the resident of Mohra Kanger. Similarly the writ petition filed by Kifiatullah was disposed of on 21.05.2014 with a direction to the Deputy Commissioner, Rajouri to conduct an inquiry with regard to respondent No. 6's residence and also to inquire about the applicability of Government Order No. 288- Edu of 2009 dated 08.04.2009. It is stated in the writ petition that pursuant to the order passed by this Court dated 21.05.2014 in SWP No. 301/2012, an inquiry was conducted by the Deputy Commissioner, Rajouri, who vide report dated 30th August 2014, came to the conclusion that the petitioner Kifiatullah was the resident of Mohra Khaker, whereas respondent No. 6 in writ petition SWP No. 301/2012 was residing in Mohra Kanger of village Kandi where the School was located.

(3.) It was also concluded by the Deputy Commissioner in his report that the population of Mohra Kanger was less than 300 souls and that it was not separated from the adjoining Mohra by a distance of one Kilometer or more, the conditions laid down in the Government Order No. 288-Edu of 2009 dated 08.04.2009 were not fulfilled. Being aggrieved, the petitioner challenged the report of Deputy Commissioner, Rajouri dated 30.08.2014 in SWP No. 2419/2014 in which this Court vide order dated 04.09.2014, appointed Chowdhary Niaz A. Naaz, Advocate of this Court as Court Commissioner for conducting on spot measurement of actual distance between two adjoining Mohras, i.e., Kanger and Khaker. Pursuant to the aforesaid order, the Court Commissioner conducted the spot inspection and took measurement with the help of Assistant Executive Engineer concerned and two other Junior Engineers and found that the actual distance between the two Mohras, i.e., Kanger and Khaker of village Kandi is 567 meters. Taking note of the report of the Court Commissioner, this Court dismissed the writ petition filed by the petitioner, i.e., SWP No. 2419/2014 on 16.12.2015 by placing reliance upon a Full Bench judgment of this Court delivered in LPA No. 148/2013 titled Mubeena Hassan v. State of J &K and ors . It appears that the petitioner thereafter also took resort to the remedy of filing review. The Review petition filed by the petitioner which was registered as Review (SWP) No. 14/2015, was also dismissed by the learned Single Judge of this Court on 31.12.2015. The petitioner claims that against the Judgment passed on 16.12.2015, he has filed LPAs, i.e., LPA Nos. 02/2016 and 38/2016 which also have been dismissed by the Division Bench of this Court vide order dated 30.01.2017.