MOHAMMAD SYED KHAN Vs. STATE AND ORS.

JUDGEMENT

(1.) This order will dispose of two writ petitions bearing NOs. SWP 1754/2013 and SWP 1237/2013, filed by the petitioner - Mohammad Syed Khan. In SWP No. 1754/2013, the petitioner seeks the issuance of a writ of Certiorari, for quashing the selection list published on 05-09-2013, in so far as it relates to the selection/engagement of respondent No.5 as Rahbar-i-Taleem (ReT) in Primary School Moriyan. In SWP No. 1237/2013, the petitioner craves the indulgence of this Court in issuing a writ of mandamus, to entertain his candidature for selection to the post of ReT in the said School.

(2.) The petitioner has pleaded in his petitions that the respondent No.4, Zonal Education Officer, Boniyar, invited applications from the eligible candidates for filling up the post of ReT in the BPS, Moriyan, Boniyar. He belonged to the same area. He applied for the post of ReT within the period stipulated in the notification. However, the respondent No.4, did not entertain his application form. Aggrieved by the refusal to acknowledge and accept the application form, he filed a representation before the respondent No. 3, Chief Education Officer, Baramulla, who, in turn, endorsed the same to the respondent No.4 for looking into the matter. He has further stated that despite instructions from the superiors, the respondent No.4, without any rhyme and reason, refused to entertain his application form.

(3.) The petitioner has proceeded to state that thereafter he filed a representation before the Deputy Commissioner (DC), Baramulla, for the redressal of his grievances on the basis of his merit and eligibility. Vide his order dated 03-07-2013, the DC, Baramula, referred the case to respondent No.3 with the direction to enquire into the matter and take appropriate action. However, no action was taken in the matter.