MAN MOHAN AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Since common questions of law and facts arise for consideration in this bunch of writ petitions, they were heard analogously and are being decided by this common order. For the facility of reference, facts from SWP No. 1272/2016 are being referred to.

(2.) The petitioner Nos. 1 and 2 are graduates and they obtained a degree of B.Ed also. Both the petitioners belong to socially and educationally backward class and are residents of backward area, namely Village Dhar Sakari which is notified as a backward area. The petitioners have been granted RBA certificates by the competent authority. An advertisement notification dated 04.10.2013 was issued by the Chief Education Officer, Rajouri by which various posts of reps for District Rajouri including the village Dhar Sakari were advertised, the particulars of which read as under:

(3.) The petitioners participated in the aforesaid process of selection and were declared successful. The Zonal Education Officer, Peeri issued a provisional select list in which names of the petitioners who were selected in the process of selection also figured in. However, instead of providing appointment to the petitioners, the official respondents have appointed respondents 5 to 10 on the post of ReTs on the ground that in case the school is functioning in predominantly inhabited by SC/ST population, only candidates belonging to the SC/ST category are eligible to apply. Thus, the respondents 5 to 10 even though lower in merit than the petitioners were appointed against the post of ReTs. In the aforesaid factual background, the petitioners have filed the writ petition in which the petitioners have sought the quashment of impugned select list dated 08.01.2014 by which respondents 5 to 10 have been selected as ReT Teachers. The petitioners also seek quashment of advertisement notice dated 04.10.2013 to the extent it contains the impugned stipulation which permits only candidates belonging to SC/ST population and possessing prescribed qualification for consideration for engagement of ReT Teachers in case the schools are situated in an area which is predominantly inhabited by SC/ST population. The petitioners have further sought a direction to respondents to conduct the selection process in accordance with merit and suitability of candidates and to consider the case of the petitioners.