SUSHMA CHOUDHARY Vs. STATE OF J & K

JUDGEMENT

(1.) Vide advertisement Notice No.3 of 2009 dtd. 2/5/2009 issued by respondent No.4, apart from others, two posts of Rehbar-e-Taleem (Ret) in Middle School, Manna falling in zone Arnia, were notified . The petitioner along with other candidates including the respondent Nos. 6 and 7, responded to the aforesaid notification. The Zonal Education Officer, Arnia , respondent No.5 prepared the merit panel and placed the respondent Nos. 6 and 7 at serial Nos. 1 and 2 followed by the petitioner who was put at serial No.3. As against the respondent Nos. 6 and 7, respondent No.5 in the remarks column noted " she is residing at Manna as per PRC and " he is residing at Manna as per PRC" respectively. The panel is claimed to have been displayed for objections and thereafter sent to respondent No.3 through respondent No.4 for finalisation. The petitioner objected to the empanelment of the respondent Nos. 6 and 7 to the respondent Nos. 3 and 4. The empanelment of respondent Nos. 6 was objected on the ground that she was not actually residing in village Manna at the time of issuance of advertisement notification but was actually residing at House No. 101 Private, Rampora, Last Morh, Gandhi Nagar, Jammu. With regard to respondent No.7, it was alleged that he too was not actually residing in village Manna but was residing at House No. 823/5, Nanak Nagar, Jammu. It was also alleged by the petitioner that the qualification of graduation possessed by respondent No.7 was forged and purportedly obtained from Vinayaka Mission University.

(2.) On the objections raised by the petitioner, respondent No.3 called for the report from respondent No.4. In response, respondent No.4 vide communication No. CEOJ/9204 dtd. 2/7/2009 submitted his report to respondent No.3. It appears that acting upon the report of respondent No.4, the respondent No.3 finalised the panel and consequently, formal orders of engagement in favour of the respondent Nos. 6 and 7 were issued.

(3.) Aggrieved, the petitioner is before this court by way of instant writ petition. The empanelment of the respondent Nos. 6 and 7 and their consequent engagement as ReT in Middle School, Manna, is called in question on the grounds which the petitioner had taken in her objections filed before respondent Nos. 3 and 4. Placing reliance upon voter list of Lok Sabha Parliamentary Election of the year 2009, it is contended that on the date of issuance of advertisement notification in question, the respondent No.6 was actually residing at Satwari, Jammu and not in village Manna. Similarly, reliance was placed on voter list of Lok Sabha Parliamentary Election prepared for the year 2008 in which the name of respondent No.7 has been indicated in Nanak Nagar, Jammu to contend that respondent No.7 too was not actually and physically residing in village Manna at the time of issuance of advertisement notification and even thereafter. The petitioner has also filed an application for placing on record information which he received from Vinayaka Mission Research Foundation (deemed University) in response to application filed by the petitioner under RTI Act. From perusal of the information supplied by the aforesaid University vide its communication No.153/PIO/2018 dtd. 8/6/2018, it is evident that marks sheets of Ist year, 2nd year and 3rd year B.A. shown to be purportedly issued in the name of respondent No.7 are fake and not issued by the Directorate of Distance Education of the University.