GURDEEP SINGH Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) The petitioner in this petition is aggrieved of an endorsement made by the Chief Education Officer, Samba, respondent No. 3 on the representation of Panchayat, Raika Labana bearing No. CEOS/SSA/177 dated 01.06.2011, whereby Zonal Education Officer, Ramgarh, respondent No. 4 has been directed to consider the request of the Panchayat. The petitioner has also sought a direction to the respondents to finalize the selection process initiated in terms of Advertisement Notification dated 27.04.2011 and engage the petitioner as Rehbar-e-Taleem (ReT) in New Primary School, Raika Jougian, Zone Ramgarh on the basis of his merit and placement in the tentative panel.

(2.) Briefly stated, the facts, as gatherable from the writ petition, are that respondent No. 3 vide Notification No. CEOS/DRG's/SSA/11-12/87-87 dated 27.04.2011 invited applications inter alia for filling up of two vacancies of ReT in New Primary School, Raika Jougian, Zone, Ramgarh under Sarav Sikhsha Abhiyan(SSA) (2009-10). The Primary School, Raika Jougian was sanctioned by respondent No. 3 vide his order No. CEOS/DCGS/SSA/11-12/74-76 dated 27.04.2011, on the basis of feasibility report submitted by the respondent No. 4. It is stated that at the time of according sanction to the opening of New Primary School at Raika Jougian, respondent No. 3 also issued a direction to the respondent No. 4 to provide temporary teacher for the functioning of the said school till the permanent arrangement was made.

(3.) Be that as it is, the petitioner possessing the qualification of B.Sc. B.Ed. and otherwise fulfilling the eligibility for the engagement in terms of the Advertisement Notification, submitted the application form to be engaged as ReT in the newly opened Primary School, Raika Jougian. Apart from the petitioner, in as many as, eleven other candidates also applied. The respondent No. 4 prepared a merit panel of all the 12 candidates who had applied and were found eligible. On the basis of inter se merit, tentative panel of the candidates to be engaged as ReTs was prepared by respondent No. 4 vide his No. ZEOR/380 dated 28.05.2011. On the basis of his qualification and merit, the petitioner was placed at serial No. 2, whereas one Sukhbinder Kour with the qualification of MA B.Ed. was placed at serial No. 1. It is also claimed that since Raika Jougian did not qualify to be a habitation in terms of Government Order No. 288-Edu of 2009 dated 08.04.2009, as such, the merit panel was prepared on the basis of revenue village. It appears and is also contended by the petitioner that the inhabitants of Raika Jougian when found that there was no candidate belonging to habitation, Raika Jougian in the select panel, approached the Sarpanch and other Panches of Panchayat Halqa, Raika Labana with the request to keep opening of New Primary School, Raika Jougian, pending till their habitation was granted the status of revenue village. On the request of inhabitants of Raika Jougian, the Sarpanch requested the authorities of Education Department, particularly, respondent No. 3 not to operationlise the New Primary School, Raika Jougian till the aforesaid habitation was granted the status of a revenue village. It is this request of the Panchayat, which has been endorsed by the respondent No. 3 by its impugned communication/endorsement and the further process of selection of ReTs initiated vide Advertisement Notification dated 27.04.2011 has been kept in abeyance. The petitioner, who along with one Sukhwinder Kour is in the select panel, is aggrieved of the impugned endorsement by respondent No. 3, whereby he has directed to put the selection process on hold. This is why the petitioner is before this Court by way of this writ petition.