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HC asks SSRB to consider RBA certificate of petitioner’s husband
5/28/2008 10:59:58 PM
Early Times Reporter
Jammu | May 28
Justice Virender Singh of J&K High Court Jammu wing has directed J&K Service Selection Board to entertain the application of a petitioner for the post of a teacher on the basis of backward area certificate of her husband.
The significant order has been passed in a petition filed by Manjeet Kour w/o Vikarmjeet Singh r/o village Nardi Bala Tehsil Akhnoor who applied for the issuance of RBA certificate before the Tehsildar Akhnoor as she applied for the post of teacher advertised by SSRB on the basis of RBA category. She was, however, without assigning any reason declined the certificate by the tehsildar who had stated that she does not fulfill the criteria as laid down in SRO 254 of 2005.
After the refusal she knocked the door of High Court and filed present petition. Sr. Adv AV Gupta appearing for the petitioner submitted that not only the order passed by Tehsildar Akhnoor is non-speaking order which cannot stand the fact of scrutiny, the case of the petitioner in fact is covered by SRO for a very simple reason that she after getting married to Vikarmajeet Singh who was already in possession of the RBA certificate, becomes entitled to the same certificate. Gupta while strengthening his arguments submitted that it is a violation of Article 11 of the constitution of India.
Justice Singh while issuing direction to JKSSRB observed that prima-facie, court fond substance in the submissions of advocate Gupta in support of his case and issued notice to the State of J&K through Commissioner/Secretary Revenue Dept, Tehsildar Akhnoor and J&K Service Selection Board and asked that in the meanwhile SSRB may entertain the application of petitioner for the post of teacher on the basis of RBA certificate of her husband.
The court also said that the entire process be completed but the result of the petitioner be with-held till further orders. This interim relief granted to the petitioner shall be subject to modification/alteration on laying motion from the respondents. JNF
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