SUHAIL Vs. STATE OF J&K

JUDGEMENT

(1.) Vide an advertisement notice issued by the Zonal Education Officer, Vailoo on the subject "opening of new primary schools under SSA 2009-10 bearing reference Nos. CEO Ang's No.: CEO/A/SSA/09/14459-61 dated 30th of November, 2009 and CEO Ang's No.: CEO/A/SSA/09/14462-64 dated 30th of November, 2009", applications were invited from the eligible unemployed youth having minimum qualification of 10+2 or above from the habitations of Peer Mohalla and Nai Basti for engagement of two ReTs in the newly opening primary schools. The notice directed that the applications along with all testimonials should reach in the office of Zonal Education Officer, Vailoo in duplicate within seven days, excluding holidays, after the publication of the advertisement notice in the newspaper. It also stipulated that no application will be entertained after the expiry of the last date. This notice was published in the newspaper running under the name and style of 'Srinagar Times' in its edition dated 6th of December, 2009.

(2.) The grouse of the petitioner is that the official respondents have appointed respondent No.7, namely, Nisar Ahmad Malik, for the post of ReT over and above his head, though he was not a graduate as portrayed in the panel itself which has been verified by the authorities of the University of Kashmir also before the official respondents and despite that the respondents have considered the respondent No.7 for the post and have issued formal appointment order in his favour on 21st of June, 2011 for which he was not entitled. The respondents, in exercise of malafide and arbitrary power, have deprived the petitioner of his right to man the post being highly qualified than that of the private respondent. On the above set of pleadings, the petitioner has filed the instant petition, seeking the grant of the following relief(s), in his favour:

(3.) Heard and considered.