MOHD TARIQ Vs. STATE OF J & K

JUDGEMENT

(1.) The short grievance projected by the petitioner in this petition is against the order of respondent No.5 issued vide No.ZEO/Mdr/SSA/906-10 dtd. 23/1/2010 whereby respondent No.6 an Education Volunteer (EV) working in EGS Center has been engaged as ReT in Primary School Paliyian Kotan on the ground that respondent No.6 was neither the resident of Paliyian Kotan nor the EGS center where she was working i.e., EGS Center Mohalla Choudharian was the adjoining EGS center. The impugned order of engagement of respondent No.6 has also been assailed on the ground that same was the outcome of mala fide exercise of powers by the respondent No.5, who had issued two orders bearing same dispatch numbers on the same date.

(2.) Learned senior counsel appearing for the petitioner points out that apart from the order impugned, respondent No.5 had issued another order bearing same dispatch number i.e., ZEO/Mdr/SSA/906-10 issued on the same date i.e 23/1/2010 which indicates that respondent No.6 was engaged as ReT in Primary School Kakar Bani Gohlad which was upgraded from its position as EGS center.

(3.) Learned senior counsel appearing for the petitioner, therefore, submits that order impugned whereby respondent No.6 was adjusted in upgraded EGS center/Primary School Paliyian Kotan is contrary to the scheme as the respondent No.6 who was working as EV in the EGS center Mohalla Choudharian could have been adjusted only in the nearest school and the nearest upgraded school was Primary School Kakar Bani Gohlad.