MUSHTAQ AHMAD Vs. STATE

JUDGEMENT

(1.) GRIEVANCE of the petitioner is that Village Level Committee, Panhore recommended his name alongwith other candidates for his appointment as Teaching Guide under Rehbar -e - Taleem Scheme. In the panel of 8 candidates prepared by the Z.E.O concerned, petitioners name figured at Sr. No. 3 and the respondent no. 6 at Sr. No. 4. An affidavit came to be filed by respondent no. 5, in which it has been alleged that the petitioner did not belong to village Panhore, District Rajouri, but belongs to Jarian Wali, Tehsil Mendhar, Poonch. It is alleged that on the basis of said affidavit, respondents did not consider the petitioner for the post of Teaching Guide under the Rehbar -e -Taleem Scheme. It is further stated that in pursuance thereto, respondent no. 6 came to be appointed as Teaching Guide under the Rehbar -e -Taleem instead the petitioner. It is further alleged that a request has been made by the Chief Education Officer, Rajouri seeking cancellation of appointment of respondent no. 6.

(2.) ON the other hand, respondents state that petitioner does not belong to Village Panhar, but belongs to Village Jarian Wali, Tehsil Mendhar, Poonch. In support of their contentions, the respondents have placed on record a copy of the application of the petitioner addressed to Chief Education Officer, Poonch seeking his engagement as Educational Guide under the Educational Guarantee Scheme (EGS) at Moori Jaranwali Gali, Balakote Zone. The said application was filed on 20.12.2003, wherein the petitioner has stated that he is permanent resident of Jarianwali Gali, Moh. Moori and has requested the Chief Education Officer, Poonch for being engaged as Educational Guide under EGC Scheme. In pursuance of the said application the petitioner came to be appointed as Educational Guide under EGS Scheme and joined on the said post on 18.12.2003, as reflected in the annexure R -3 appended with the objections filed by the respondent no. 6.

(3.) I have heard learned counsel for the petitioner and perused the record.