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| HC dismisses petition with cost of Rs 5000 | | | Jammu, Feb 28
Justice Nirmal Singh of J &K High Court Jammu wing in a writ petition filed for post of Rehbar-e-Taleem teacher has dismissed the same with the cost of Rs 5000.
In the judgment Justice Singh, after hearing Advocate PN Bhat appearing for the petitioner Deputy Advocate General Mrs. Neeru Goswami appearing for the state respondents, observed that this is a third round of litigation between the parties. Petitioner Bawaji Dass earlier filed two writ petitions for the appointment of Rehbar-e-Taleem teacher in Government Primary School Simbli, but failed. The private respondent belongs to the village where the vacancy exists. She is not only belonging to the village Simbli, but she is more meritorious than the petitioner as she is MA M.Ed whereas the petitioner is only 10+2. In the earlier petition decided on August 28, 2003, this Court observed that it is a fit case where the cost should have been imposed for consuming the time of the Court but the Court did not impose the cost considering that the petitioner is an unemployed person. After taking a lenient view no cost was imposed. The petition did not desist and again filed the present petition fully knowing well that he does not belong to the village where the vacancy exists and under the scheme only a candidate who belongs to the village where the vacancy exists is to be appointed as a Rehbar-e-Taleem teacher. The petitioner was also aware that the candidate from village Simbli where the vacancy exists is available. Therefore, the petitioner has no right to be appointed ReT teacher. There is no merit in this petition which is dismissed with a cost of Rs 5000.
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