LAWS(J&K)-2008-9-45

RAM KRISHAN BHANDARI Vs. STATE AND OTHERS

Decided On September 01, 2008
Ram Krishan Bhandari Appellant
V/S
STATE AND OTHERS Respondents

JUDGEMENT

(1.) In pursuance to the Rehbar-e-Taleem Scheme (here-in-after called the Scheme), the petitioner applied for engagement as Teaching Guide in village Treshi. He, however, remained unsuccessful and has approached this court through the medium of present petition.

(2.) The case of the petitioner is that he being the resident of village Treshi which falls in revenue village Inderwal, applied for the post of teaching guide which was to be filled up in Government Primary School, Treshi. It is stated that vacancies were also available in Primary School, Karna and Primary School, Sewa, which also fall in revenue village Inderwal. These two adjoining villages i.e. Karna and Sewa, are said to be two different inhabitations and located at a distance of about 2 km from village Treshi where the petitioner resides.

(3.) The grievance of the petitioner is that even though he had applied for engagement as Teaching Guide for Primary School Treshi being the resident of the said village but he was also entitled to be considered for such engagement in the adjoining two villages i.e. Karna and Sewa as per the mandate of the Scheme. It is stated that the private respondents who have been engaged belong to far flung mohras of revenue village Inderwal, whereas, the petitioner who was a local candidate and was having a better merit and preferential right as per the Scheme, has been wrongly ignored by the respondent authorities. It is stated that the official respondents wrongly prepared a common panel by clubbing two villages i.e. Kharian and Treshi and similarly another common panel was prepared for two different villages i.e. Karna and Khatanpora. It is stated that the name of the petitioner figured at Sl.No. 3 in the common panel prepared for villages Kharian and Treshi and in the said panel the name of respondent No. 5 who stands appointed in Primary School, Treshi, has been placed at Sl.No. 2. It is stated that the respondent even though has been shown to be the resident of Buttpora but, infact, he is the resident of village Brahmanpora. Even otherwise, the distance of village Buttpora has been shown to be 2 kms from Primary School, Treshi, where the vacancy existed against which the respondent No. 5 stands engaged ignoring the claims of the petitioner who had a preferential right over and above the said respondent for being considered for engagement being the resident of village Treshi itself.