GH. HASSAN KHAN Vs. STATE AND ORS.

JUDGEMENT

(1.) A post of third teacher guide was to be filled up in Government Primary School Hatipora, in view of the orders passed by the Chief Education Officer (CEO) Anantnag vide No. 13881 dated 04th July 2006. Zonal Education Officer Yaripora, issued advertisement notice on 15th July 2006, inviting applications for filling up of posts besides some other schools in Government Primary School Hatipora as well. In the advertisement notification it was provided that the candidate who will seek consideration for engagement as Re -T in Primary School Hatipora, must be graduate. It was also provided in the notification, that if no graduate for engagement of third teacher is available in revenue village then Panchayat Halqa will be taken as unit for such selection.

(2.) PETITIONER responded to the said notification though he did not belong to village Halqa where the school was located and the post of third teacher was to be filled up. Petitioner belonged to village Munad Guffan which according to the pleadings of the writ petition falls within the Panchayat Halqa in which village Hatipora also falls. On the allegations that respondents after issuance of advertisement notification did not proceed ahead with the selection process, SWP No. 76/07 was filed by the petitioner before this Court, which petition was disposed of by the court vide its order dated 3rd Feb. 2007. The petition was disposed of with the direction to respondents to initiate the process of selection for the post of third teacher and consider petitioner also along with all other eligible candidates under law on his own merit, subject to eligibility. The ZEO Yaripora, issued advertisement notice No. ZEO/Y/365 -67/07 dated 19.02.2007 inviting applications from eligible candidates for filling up of the post(s) of third teacher in Primary School Hatipora, by following selection pattern as provided in Re -T scheme. It was specifically provided in the advertisement notice that applications for engagement of third teacher will be received only of those candidates who hail from revenue villages Hatipora. The ZEO Yaripora, issued order No. ZEO/Y/407 -1/07 dated 24.02.2007. In the said order he gave details about the post of third teacher which had become available in Primary School Hatipora. Perusal of the said order reveals that for filling of the said post(s) advertisement notice dated 15th July 2006 was issued inviting applications from eligible candidates. Village Education Committee (VEC) Hatipora objected to framing of the panel comprising of the candidates from panchayat halqa of which petitioner was one of the aspirants. In view of the objections raised by V.E.C Hatipora, the matter was brought to the notice of the Chief Education Officer Anantnag vide communication No. ZEO/Y/2443/06 dated 9th August 2006. The CEO vide its No. 20929/06 dated 29th August 2006 desired for submitting of fresh panel as per the norms of the Re -T Scheme. In pursuance of the said communication the post was re -advertised in terms of the impugned advertisement notice. The order further reveals that the claim of the petitioner has been considered in pursuance of the court orders and same rejected as he did not belong to the revenue village Hatipora.

(3.) MR . J.A. Kawoosa, Id. AAG, sought short adjournment for filing of reply affidavit/objections to which ld. Counsel for the petitioner Mr. S.A. Makroo objected to and sought consideration and disposal of the writ petition, as Id. Counsel submitted that in the facts and circumstances of this case, its disposal cannot brooked further delay. The learned Counsel for the petitioner insisted for considerations of the matter without giving any further opportunity to the respondents to file reply affidavit/objections. It is in this back drop this petition is being heard and considered.