ROSHAN LAL Vs. STATE

JUDGEMENT

(1.) The Chief Education Officer, Kathua i.e. respondent No.3 herein vide his advertisement notice No.CEOK/SSA/9187-89 dtd. 17/7/2012 invited applications for the post of ReT in Middle School Dandiot (Bani), Village Sandroon. The petitioner along with other candidates claiming to be the residents of revenue village Sandroon possessing the requisite qualifications submitted their application forms for the aforesaid posts. The Zonal Education Officer, Bani prepared a tentative panel on the basis of the revenue village in which the petitioner was indicated at serial No. 5 whereas the respondent No.5 was placed at serial No.7. The two most meritorious candidates in the panel i.e. Sudesh Kumar and Sanju Ram were empanelled for engagement as ReT in the Middle School Dandiot. The panel was displayed in the revenue village Sandroon for seven days w.e.f. 1/11/2012 to 7/11/2012. The petitioner further claims that the Zonal Education Officer concerned did not finalize the aforesaid panel and prepared another panel at habitation level in which name of the petitioner was placed at serial No.6, whereas the respondent No.5 was shown at serial No.1. On the basis of the merit of the empanelled candidates belonging to the habitation Dandiot, the respondent No.5 was empanelled for engagement on habitation level whereas Sudesh Kumar S/o Sankar Dass was placed in the panel as the most meritorious candidate at the village level. This panel too was displayed for objections in the revenue village Sandroon for a period of seven days w.e.f. 20/2/2014 to 28/2/2014. The respondent No.4 however did not receive any objections to the aforesaid panel from any person including the petitioner. Accordingly, the panel was forwarded to the respondent No.2 for approval and appropriate orders. The respondent No.2 on receipt of panel from the respondent No.4 duly recommended by respondent No.3 published the panel and invited objections against the proposed engagement of the respondent No.5 as ReT in MS Dandiot.

(2.) The petitioner claims that he feeling aggrieved of the empanelment of respondent No.5 submitted his objections, to the notification issued by the respondent No.2, on 6/6/2014. The petitioner further claims that with a view to substantiate his claim that the Morha/Hamlet Dandiot did not qualify to be a village for the purpose of making selection of ReT in terms of Government Order No.288-Edu of 2009 dtd. 8/4/2009, he approached the Sub Divisional Magistrate, Bani for issuance of a habitation certificate. The application was marked to Tehsildar Bani, who, upon verification, reported that respondent No.5 though was resident of Morha/Hamlet Dandiot, village Sandroon, but its total population was 228 souls. The petitioner without waiting for disposal of his objections by the respondent No.2 filed SWP No.2128/2014 challenging the impugned notification dtd. 4/6/2014 issued by the respondent No.2. The writ petition was founded on the premise that the preparation of panel by the respondent No.4 on the habitation basis in which respondent No.5 emerged as most meritorious candidate was totally uncalled for. Relying upon the report of Patwari and Tehsildar, the petitioner submitted that Dandiot did not qualify to be a habitation/village as envisaged under Government Order No.288-Edu of 2009 dtd. 8/4/2009 and, therefore, the panel ought to have been prepared on the basis of revenue village and all candidates belonging to revenue village Sandroon should have been considered. The writ petition was contested by the official respondents. It may be noted that this Court while admitting the petition on 13/8/2014 also directed the Deputy Commissioner, Kathua to have an enquiry conducted with a view to ascertain the status of habitation Dandiot and to find out whether it satisfied the requirements of Government Order No.288-Edu of 2009 dtd. 8/4/2009.

(3.) In compliance to the directions of this Court supra, the enquiry was got conducted by the Deputy Commissioner, Kathua through the concerned Tehsildar and report whereof was submitted to this Court. A perusal of the enquiry report reveals that on the basis of the detailed report submitted by Tehsildar Bani, it was concluded that the population of Morha Dandiot was less than 300 souls and, therefore, the same was not satisfying the requirements of Government Order No.288-Edu of 2009 dtd. 8/4/2009. The writ petition was taken up for final disposal by this Court and relying upon the report of the Deputy Commissioner, Kathua, the writ petition was allowed and the process of selection was set aside. The direction was issued to the official respondents to prepare a fresh merit panel on village level basis. This was done by this Court vide its judgement dtd. 30/9/2015. The respondent No.5 feeling aggrieved of the judgment of the Single Bench filed LPASW No.105/2015 which was allowed by the Division Bench of this Court vide its order dtd. 5/11/2015 and the judgment of Single Bench dtd. 30/9/2015 was set aside and the matter was remanded to the writ court for fresh decision after affording opportunity to respondents to file reply. This is how the writ petition SWP No.2128/2014 has once again come up for consideration before this Court.