MOHD ALTAF MIR Vs. BILAL AHMAD MIR

JUDGEMENT

(1.) THIS revision is directed against the order dated 12th of April, 2006 passed by Sub -Judge, Anantnag, in a suit titled as Bilal Ahmad Mir Vs. State and others, for short the impugned order.

(2.) RESPONDENT -Bilal Ahmad Mir filed a suit for declaration, declaring that he is entitled to appointment/ engagement as Rehbar -i -Taleem teacher in Government Middle School Dupatyar, education zone Bijbehara District Anantnag, and for declaring the selection of defendants 6 and 7, Sarfaraz Ahmad Mir and Mohammad Altaf Mir, as null and void with the command to the official defendants to issue formal appointment/ engagement order in favour of the plaintiff on the grounds taken in the plaint.

(3.) DEFENDANTS appeared and resisted the suit. Seven issues came to be framed vide order dated 17th of December, 2005. Issues 1 and 2 came to be treated as preliminary issues. It is apt to reproduce issues 1 and 2 herein as under: -