ZULFKAR ALI Vs. STATE

JUDGEMENT

(1.) THE petitioner has challenged appointment of respondent No.4 as RET Teaching Guide in Govt. High School Gandoh. His grievance is that respondent No.4 has been appointed on the said post on the basis of Advertisement Notice issued on 10.04.2004 without the same having been circulated for general public.

(2.) THE facts of the case are that two posts of RET Teaching Guides became available in Govt. High School, Gandoh. After due compliance with the procedure laid down in the RET Scheme, a select list of seven candidates was prepared by the Village Level Committee, in which the name of petitioner figured at S.No.3. Since only two posts were available to be filled up in Govt. High School , Gandoh, the first two candidates in the panel were selected. The person, namely, Surjit Singh, who figured at S.No.1 in the said select list resigned from the said post after he was absorbed in some other department, as a result of which the post occupied by him has fallen vacant. The recourse left to the respondents was either to appoint a person next in the panel or to re -advertise the post.

(3.) RESPONDENTS chose to re -advertise the post by issuing Notification No.1703 -05 dated 12.01.2004. In pursuance to the aforementioned notification, the selection process was initiated and panel of 24 candidates was prepared. Respondent No.4 figured at S.No.1 in the said panel. It transpired that this vacancy was to be allotted to the S.T. category candidate. Consequently, one Ruksana Bano belonging to the said category was appointed as RET teaching guide in Govt. Primary School, Dhadar from the said panel. Thereafter, another notification came to be issued on 10.04.2004 for filling up two posts of RET Teaching Guides in Govt. Primary School, Dhadar. Respondent No.4 came to be appointed as such on the said school. It is her appointment which is being been questioned by the petitioner in the present petition.