JAVED AHMAD BHAT Vs. STATE AND ORS

JUDGEMENT

(1.) The petitioner, seeks a writ of Certiorari in quashing the order bearing No. Edu-I/293/2010 dated 24-09-2015, impugned herein. A writ of mandamus is also sought for commanding the respondents to select and appoint the petitioner against any class IV post under SRO 43 of 1994.

(2.) The facts that are essential for the decision of the petition on hand are that the father of the petitioner, namely Mohammad Maqbool Bhat, who was working as a teacher in the Higher Secondary School, Panzgam, Pulwama, died in harness in the year 2010 due to cardiac arrest. The petitioner, who is an under matric, has an elder brother also, who is already a Government employee but is living separately and has no concern with the family of the petitioner. It is further stated that the petitioner has another brother as well who is living with him and he too is unemployed. It is further stated that the family of the deceased employee, who was the sole bread earner of the family, is without any source of income.

(3.) It is further stated that the petitioner while applying before the respondent department for his appointment on compassionate grounds, under the SRO 43 of 1994, projected all the facts before the respondents. It is further stated that since the family of the petitioner faced a serious financial crunch and had no source of income, the respondent No. 4, Director School Education, Kashmir, in terms of his communication dated 27-10-2010, recommended the case of the petitioner, for relaxation of qualification to the General Administrative Department, under rule (7) of the SRO 43 of 1994.