ZULFKAR ALI Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned Single Judge dated 26th November 2008 passed in SWP No. 1087 of 2004 titled Zulfkar Ali v. State and Ors. The brief facts are as under:

(2.) POSTS of Rehbar -e -Taleem in Govt. High School, Gandoh were notified in the year 2003 and a select list of seven candidates was prepared in which the petitioner figured at Sr. No. 3. The first two candidates in the list i.e Surjit Singh and Mehadi Rashid were appointed but after some time SurjitSingh left the service as he got selected on some other job. Meanwhile, the respondents vide notification dated 12th January, 2004 invited applications from the permanent resident candidates belonging to village Bhallesa for engagement as R -e -T in various newly sanctioned upgraded schools. The petitioner along with respondent No. 5 applied and in the select list prepared by the Zonal Committee, respondent No. 4 figured at Sr. No. 1 and the petitioner figured at Sr. No. 5. While the selection and appointment of these teachers were under consideration, the government declared the two posts in school MPS Dhadhar reserved for ST category due to it neither the appellant nor respondent No. 4 were considered for these posts. Thereafter, a fresh advertisement inviting applications for the Govt. High School, Gandoh and Govt. Girls Middle School Chonwary was issued vide notification dated 10th April 2004. No candidate applied in pursuance of this notification but the respondents instead of re -notifying the posts, considered the earlier panel prepared in respect of notification dated 12th January, 2004 and appointed respondent No. 4 as R -e -T in Govt. High School, Gandoh. This has been done on the basis of high merit she possesses i.e. 58.3% as against the merit possessed by the appellant i.e. 46.63%.

(3.) THE appellant challenged the selection and appointment of respondent No. 4 through a writ petition SWP No. 1087 of 2004, which was considered by the learned Single Judge and dismissed vide Judgment dated 26th November, 2008. It is against the said Judgment that the present appeal has been filed. Heard. We have considered the matter.