MANAZ AKHTER Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment of a learned Single Judge of this Court dated 19.11.2015 passed in SWP No. 842 of 2015 titled Manaz Akhter v. State of J&K and others.

(2.) The facts giving rise to the filing of this appeal, briefly stated, are that in response to the advertisement notice dated 03.09.2011, the appellant along with others including respondent No.6 submitted their application forms for engagement as Rehbar-e-Taleem (Science) in Govt. Middle School, Pattuwali, Shindra. The select panel was prepared in which the appellant was not considered. The appellant approached the Writ Court by way of SWP No.20/2013 which was decided by a learned Single Judge of this Court on 25.11.2013, thereby directing the Deputy Commissioner, Poonch to decide as to whether the selection of Rehbar-e-Taleem (Science) stream in Govt. Middle School, Puttuwali, Shindra Tehsil Haveli was required to be made in terms of Government Order No.288-Edu of 2009 dated 08.04.2009 or not. Pursuant to the directions issued by the Writ Court, the Deputy Commissioner, Poonch conducted the enquiry after hearing the learned counsel appearing for the appellant and respondent No.6 respectively and ultimately vide its report dated 19.02.2015 concluded that the Government Order No.288-Edu of 2009 dated 08.04.2009 was not applicable to the case of the appellant. It is this report which was assailed by the appellant in SWP No.842/2015.

(3.) After hearing the learned counsel for the parties, the learned Single Judge vide judgment impugned dismissed the writ petition primarily on the ground that in the first round of litigation the Writ Court while disposing of SWP No.20/2013 vide order dated 25.11.2013 had directed the Deputy Commissioner, Poonch to considered the issue as to whether the selection had to be made on habitation basis in terms of Government Order No.288-Edu of 2009 dated 08.04.2009 or not and that the Deputy Commissioner vide its report dated 19.02.2015 after providing ample opportunity of hearing to the parties concluded that the provisions of Government Order No.288-Edu of 2009 dated 08.04.2009 were not applicable. Accordingly, the official respondents proceeded to make the selection on the basis of revenue village.