DILSHADA Vs. STATE

JUDGEMENT

(1.) IT appears that respondent No.3, Zonal Education Officer, Khansahib Budgam issued advertisement notice in March -2005 inviting application from eligible candidates for the engagement of as Education Volunteers for various habitations of Zone Khansahib, Budgam. Peer Mohalla Katich was one of habitation. The last date for submission of application forms was fixed as 10th of April 2005. Respondent No.5 came to be selected/ recommended vide select list dated 6th of October 2005. Petitioner was not figuring in the list, feeling aggrieved, questioned the selection of respondent No. 5 by the medium of the writ petition in hand.

(2.) PETITIONER has averred in this writ petition that respondent No. 5 was ineligible for the simple reason that she had submitted the application in terms of advertisement notice for selection to the post of Education Volunteer after the cut off date i.e. 10th of April 2005 and without requisite certificate of PRC. Further it is the case of the petitioner that respondent no. 5 got the requisite certificate on 28th July, 2005. Thus was lacking basic qualification.

(3.) OFFICIAL Respondents have contested the petition on the ground that the respondent No - 5 was meritorious and had applied within time. It is apt to reproduce para (6) of the reply herein: "In reply to para -6 and the grounds taken in the para, it is submitted that same are legally misconceived, untenable and without any merit, therefore, deserve to be rejected by this Honble court. It is submitted that respondent No.5 has applied within the period prescribed and in view of her better merit has been selected over and above the petitioner. The matter viz -a -viz residence of respondent No. 5 was also verified on spot and it was found that the office of Deputy Commissioner, Budgam and it was certified that the respondent No.5 is still unmarried and is residing with her brother at Kitch Tazger. Copy of the said communication is placed on record as Affidavit in support of the reply is also enclosed."