ISMA BASHIR Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) By the medium of this writ petition, the petitioner seeks the indulgence of this Court in issuing a writ of Certiorari for setting aside the communication bearing No. ZEO/IDD/6425 dated 01-04-2015, annexure (k4), issued by respondent No.4, which has the effect of disqualifying the petitioner from being selected/appointed as Rehbar-i-Taleem (ReT). A writ of Mandamus is also sought to direct the respondents to take on record the Permanent Resident Certificate (PRC) of the petitioner issued by Tehsildar, Eidgah, Srinagar, on 25- 06-2015. A further prayer is made to direct the respondents to select/appoint the petitioner to the post of ReT in view of her merit position.

(2.) The brief facts, essential for the disposal of this writ petition, are that the petitioner responded to the advertisement notice dated 21-08-2014, issued by the respondent No.4, for filling up the post of ReT, that had fallen vacant in the Primary School, Bangladesh-B, in revenue village Takanwari Pora, Eidgah, Srinagar. The cut off date for filing the application forms was prescribed as 10 days from the date of the publication of the advertisement notice. Besides other documents, it was notified that the application forms should be accompanied by the State Subject Certificate and Permanent Resident Certificate issued by the Tehsildar concerned. The petitioner has stated that at the time of publication of the advertisement notice, i.e. on 25-08-2014, she was having the State Subject Certificate but not the PRC. However, she had submitted an application before the Tehsildar concerned for issuance of the PRC in her favour, which was under process at the relevant point of time. It is further stated that immediately after obtaining the PRC, the same was produced before the respondents but they declined to entertain the same. The petitioner has further stated that it was only after taking resort to the RTI Act that she came to know that the respondents had received only 07 application forms for filling up the post of ReT. The merit list had also been prepared where the petitioner appeared to have obtained 54.71 points and figured over & above all the candidates. However, it is stated that to the dismay of the petitioner, her candidature was rejected on the ground that she had not annexed the PRC with her application form and had also not responded to the notification issued by the respondents in the daily Aftab informing her to do the needful within six days from the date of publication of the notification. The petitioner has further stated that the panel of 03 candidates, viz. respondents 5,6 & 7 herein, (even though they were inferior in merit than that of the petitioner), was submitted by the respondent No.4 to the respondent No.3, for their engagement as ReT in Primary School, Bangladesh-B.

(3.) The petitioner has further stated that the respondent No.3, in the light of order No. 641-DSEK of 2015 dated 16-03-2015, issued by the respondent No.2, returned the said panel to the respondent No.4. The respondent No.4, however, refused to obey the said order on the ground that the post had been advertised in August, 2014 and the panel was submitted in March, 2015. It was also mentioned that the petitioner had been disqualified due to the deficiency of PRC, which she had not produced within the stipulated time.