SHABIR HUSSAIN BAHAR Vs. JAVAID AHMAD BATOO

JUDGEMENT

(1.) The present letters patent appeal is directed against the order dtd. 31/5/2016 passed by a learned Single Judge of this court in SWP No.2082/2013 titled Javeed Ahmad Batoo v. State of J&K and others, whereby the Committee constituted by the Deputy Commissioner was directed to measure the distance between Hassain Abad to Abdul Abad (periphery to periphery) as also distance between Hassain Abad and other nearby habitations in terms of Government order No.288-Edu of 2009.

(2.) In order to set the controversy raised in the present appeal at rest, we first deem it proper to consider the writ petition (SWP No.2082/2013) filed by respondent no.1 herein (Javeed Ahmad Batoo). The appellant--Shabir Hussain Bahar is figuring as respondent no.6 in the writ petition.

(3.) This case has a chequered history. The engagement of a Rehbar-e-Taleem/ Teaching Guide (ReT) in Mathematics stream in upgraded Primary School, Hussain Abad, falling in revenue village Rakhi Sultanpora, has been in contention since the year 2011. Two competing candidates, the petitioner--Javeed Ahmad Batoo and respondent no.6--Shabir Hussain Bahar, have staked their claim over each other. The inept handling of the issue at various levels in the Education Department has confounded the dispute unnecessarily.