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HC quashes appointment of teacher, directs respondents to appoint petitioner
5/15/2008 10:42:23 PM
Early Times Reporter
Jammu | May 15
Justice Nirmal Singh of J&K High Court Jammu Wing has quashed the appointment of Gian Singh as teacher under Sarv Shiksha Abhiyan scheme and directed the respondents to appoint petitioner Jagdish Raj against the post within a period of one month with all consequential benefits..
This significant judgment has been passed in a petition filed by the petitioner challenging the recommendation and appointment of private respondent on the post of teacher under the scheme and seeking quashment of the same.
Justice Singh, after hearing both the sides, admitted the petition to hearing and observed that there is no denial that the appointment in the present case was to be made under the scheme and in pursuance to the said scheme reference has to be given to a local candidate who belongs to the village where the center is located. Once a candidate belonging to village Tunkhail, where the vacancy existed was available, then as per the scheme the appointment of private respondents who admittedly belongs to a different village cannot be sustained and directed that the panel prepared by the respondent authority ignoring the candidature of the petitioner being a local candidate and the appointment of private respondent Gian Singh made in pursuance to the said panel is held to be not in accordance with the scheme and is quashed. The respondent authorities shall issue appointment order in favour of the petitioner for appointment being the only eligible candidate belonging to the said village within a period of one month. The petitioner shall be entitled to all the consequential benefits minus monetary benefits. JNF
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