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| Teaching Guide’s appointment quashed | | | Early Times Reporter
Jammu | Sep 1
Justice Nirmal Singh of J&K High Court, Jammu Wing, today quashed the appointment of Krishan Lal Teaching Guide and directed the authority to issue appointment order in favour of petitioner Ram Krishan Bhandari.
This significant judgment was delivered today in a petition filed by the petitioner challenging the selection/appointment of private respondent as teaching guide for primary school Treshi being non-resident of the said village where the school is situated while the petitioner was resident of the same village.
Justice Nirmal Singh. after hearing Adv SK Shukla appearing for the petitioner, Deputy AG Neeru Goswami appearing for the state respondents and Adv SS Ahmed appearing for the private respondent 5 to 8, observed that the petitioner cannot have any grievance so far as selection of private respondents 6, 7 & 8 are concerned because he had not applied for being considered in the said selection but the petitioner has a definite claim so far as his selection against the post which was available in primary school Treshi, for which selection the was conducted in the year 2003 in which the petitioner had also applied. The respondent No 5 figures at Serial No 2 whereas petitioner figures at Serial N0 3. The merit of private respondent Krishan Lal is though higher than the petitioner but he was not resident of the same village where the school existed while as the petitioner was the resident of the said village. Thus the petitioner is right in his submission, that he being a local candidate has preferential right of being considered for appointment as teaching guide in Primary School Treshi under the scheme.
Justice Nirmal while quashing the appointment of private respondent after about four years of his appointment, further observed that as per the eligibility clause, as prescribed in the scheme, the candidate seeking consideration for engagement as teaching guide has to be a local candidate where there is deficiency of staff. In the present case there is no dispute regarding the fact that the petitioner is a local candidate of village Treshi where the vacancy exists. Therefore, the rejection of candidature of petitioner on the basis his being low in merit than private respondent No 5 who is resident of a different village is not in accordance with the mandate of the scheme. With these observations, the Court allowed the petition and quashed the selection and engagement of Private respondent Krishan Lal. Court also directed respondent authorities to issue appointment order in favour of the petitioner as teaching guide for primary school Treshi being a local candidate of the village Treshi. Court further directed that petitioner shall also be entitled to all the consequential benefit minus monetary benefits. JNF |
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