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| HC quashes appointment with cost, pulls up state administration | | Engagement of ReT Teacher on community basis challenged | | Early Times Reporter
Jammu | Oct 6
Justice Nirmal Singh of J&K High Court, Jammu Wing, in a petition against the appointment of Rehber-e-Taleem teacher on the ground of community, has quashed the appointment of private respondent with cost of Rs 10,000 and pulled up the state functionaries for its stand that private respondent Abdul Wahid has been engaged keeping in view the circumstances prevailing in the area and also on the basis that there is 100 percent population of Scheduled Tribe in the area and no other candidate belonging to the minority community is willing to serve in the said area.
Justice Singh after hearing Adv Vinod Kotwal appearing for the petitioner Kesar Singh and Deputy Advocate General Neeru Goswami appearing for the state respondents and Adv KS Johal appearing for the private respondent N0 5, observed that the court is of the opinion that such a stand taken by respondents especially state authorities should not have been taken as the same cannot be accepted. In a democratic set-up, such a consideration and favoritism by the responsible officers of the state to a candidate belonging to a particular community ignoring the rightful claim of a candidate belonging to a minority community gives a wrong signal to the public at large that the rights of minority community are not being fully protected by the State Authorities. By committing such an act of favoritism by the functionaries of the state, the minority community feels insecure and the members belonging to such community are forced to migrate from one place to another. Whereas, it is the duty of the state and its functionaries that rights of the members of the minority community are protected, the Judge observed and directed the State Government to take stern action against such erring officials who are promoting such favoritism and ignoring rightful claims of the persons belonging to the minority community, therefore, such a stand taken by the respondents, cannot be accepted. Even otherwise, there is nothing on record to show that the petitioner has opted not to serve as a teacher in the said village.
During hearing, the counsel appearing for the petitioner, submitted that the petitioner has not submitted any such option before the respondent authorities and instead, he is willing to serve in the village because he is actually the resident of village concerned where the vacancy existed. With these observations Court allowed the petition with a cost of Rs 10,000 and quashed the engagement of private respondent No 5 Abdul Wahid and directed respondent authorities to issue engagement order in favour of the petitioner as Reheba-e-Taleem teacher in Government Primary School, Khatasoo Tehsil Thatri District Doda. The Court further directed that this shall be done within a period of one month from the date a copy of this order is made available to the respondent authorities by the petitioner. Court further ordered that the petitioner shall also be entitled to all consequential benefits minus monetary benefits. The respondent state is at liberty to recover the cost from the officer concerned who issued engagement order in favour of private respondent No 5 by ignoring the claim of the petitioner, the Court ordered. JNF |
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