Early Times Report
Jammu, Aug 24: A High Court full bench of Chief Justice N Paul Vasanthakumar, Justice Muzaffar Hussain Attar and Justice Bansi Lal Bhat today held that during the appointment of ReTs, the measurement points between two human habitations of a revenue village would be the boundaries of the two habitations and not their centre points. This judgment was passed in an LPA No 148/2013 which had come up for consideration before the Letters Patent Bench of this court on March 20, 2014. The court directed the Registrar Judicial to make reference before the Chief Justice for constitution of Full Bench, as the Letters Patent Bench noticed that there is conflict between the judgments rendered in LPA No.59/2012 decided on 13.09.2012 and LPA No.135/2012 decided on 18.10.2012.
Mubeena Hassan had filed a petition, which was decided by the Writ Court vide its judgment dated July 18, 2013. She had responded to the advertisement notice issued by the Zonal Education Officer, Quil Muqam, Bandipora and sought consideration for being selected and engaged as Rehbar-e- Taleem (3rd teacher) in PS, Panzigam. She figured at top of the merit panel prepared by the Village Education Committee (VEC).
Respondent Tahira Hussain in SWP No 1508/2011 projected her case by stating that the Revenue Village comprise of two habitations, viz Panzigam and Barzulla and the school where vacancy has to be supplied is located at Barzulla and she is to be considered for being engaged as Rehbar-e-Taleem (3rd Teacher) to the exclusion of Mubeena. Tahira had filed SWP No.1863/2009 which was decided on 06.12.2010 and respondent No 3 therein was directed to approach the deputy commissioner, Bandipora, for ascertainment of actual distance between the two habitations viz. Panzigam and Barzulla of Revenue Village Panzigam. The Chief Education Officer, Bandipora, was directed that after receipt of the report he shall take decision about the applicability or otherwise of Government Order No 288-Edu of 2009 dated 8th April 2009 (hereafter for short Government Order No 288 of 2009). After receipt of the report, the Chief Education Officer, Bandipora took up the matter with the Director School Education. The deputy director (P&S) vide his communication dated 15.07.2011 informed the Chief Education Officer, Bandipora that it will be proper to measure the distance from centre of the village (habitation) and decide the case accordingly. (JNF) |
