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| HC quashes appointment of two private respondents | | |
JAMMU, MAY 07-
Justice Nirmal Singh of Jammu and Kashmir High Court, Jammu wing, in significant judgment has quashed the appointment of two private respondents, appointed as Rehbar-e-Taleem guide and directed the official respondents to appoint the petitioner against the vacancy to be vacated by the private respondents in Primary/ Middle School Kastigarh.
This judgment has been passed in a writ petition filed by one Amrik Singh in which Sr. Adv JS Kotwal along with Adv Rozina Afzal Shahid appeared as counsel for the petitioner and argued that candidates residing in the area are only eligible for the post under the scheme while the appointed private respondents are residents of Kastigarh.
Justice Singh, after hearing Sr. Adv JS Kotwal and Deputy AG Mrs. Neeru Goswami appearing for the Education Department, observed that the grievances of the petitioner is that the Village Level Committee recommended the name of the petitioner but the official respondents wrongly appointed private respondents. It is stated that private respondent No 6, is resident of Sooli, about 4 KM away from Kastigarh and private respondent No 7 is resident of Village Zadan, 5 KM from the village Kastigarh where the vacancies were available. It is stated that as per the scheme a candidate who is to be appointed as Rehbar-e-Taleem should belong that very area where there is deficiency of staff.
Justice Singh referring to the Division Bench judgment directed the Chief Secretary to define the word “belong” in the context of expression “local candidate”. The explanation the word ‘belong” and “local candidate” shall mean that the candidate to be appointed should be actually residing at the time of appointment in the Village where the appointment is to be made”. In the present case the petitioner belongs to Village Kastigarh where the vacancy exists, therefore, he has a preferential right to be considered against the vacancy, may be below in merit, as he actually residing in village where the vacancy exists. Private respondents can only be considered if no candidate belonging to village Kastigarh is available. Therefore as per the explanation given to the eligibility clause, the candidate to be considered for the engagement under the scheme should belong to the area where the vacancy exists and in the present case the petitioner belong to village Kastigarh where the vacancy existed and therefore, he has a preferential right to be engaged as Rehbra-e-Taleem teacher. With these observations Court allowed the petition and quashed the appointment of Private respondent No 6 and 7 and directed official respondents to appoint the petitioner against the vacancy to be vacated by the private respondents in Primary/Middle school Kastigarh.
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