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Respondents’ order quashed
HC directs to appoint petitioner as teacher
9/4/2008 11:41:01 PM
Early Times Reporter
Jammu | Sep 4

Allowing the petition filed by Bipna Devi challenging the appointment of Ramesh Kumar as teacher, Justice Nirmal Singh of J&K High Court Jammu Wing has quashed the appointment with the directions to the respondents to appoint petitioner against the said post.
This significant judgment was delivered in a petition wherein petitioner claimed herself to be the resident of village Rokali (District Doda) and had submitted her application for the post of teacher under ReT in pursuance to notification issued by the respondents for filling-up the said post in Primary School Sharni in the month of June 2000 while as Ramesh Kumar who was appointed against the post belonged to some other village. Having remained unsuccessful, petitioner filed this petition, seeking direction to authorities for appointing her as teacher against the said post in Primary School Sharni.
Adv Raghu Mehta appearing for the petitioner submitted that the distance of the school from the village Rokali where the petitioner resides is 2 KM, whereas village Chagsoo where private respondent resides is at a distance of more than 3 KMs from the school in question. Thus the petitioner who resides in the same Panchayat Halqa where the school is located had a preference to be considered for appointment.
Justice Nirmal Singh, after hearing both the sides, issued notice to private respondent, who has chosen not to appear, and has been set ex-parte, observed that the respondent authorities in ignorance of the fact have wrongly denied the benefit of appointment as teacher under ReT Scheme to the petitioner, as is clear from the proposed merit-wise panel prepared by the ZEO concerned. With these observations, the Court quashed the appointment of Ramesh Kumar and ordered the authorities to appoint the petitioner against the said post within a period of one month. JNF
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