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Non-appointment of ReT aspirant; Court directs DC Doda to hold enquiry
10/9/2006 11:19:05 PM

Jammu, Oct 09
Taking strong note of violation of norms and regulations by the government officials, Justice Nissar Ahmed Kakru of Jammu and Kashmir High Court, Jammu wing has directed the deputy commissioner Doda to hold enquiry into the ground reality which led to the non-selection of a Rahbare-e-Taleem aspirant.
Passing interim direction in a writ petition titled Hinna Kursheed V/s State and others, Justice Kakru directed the respondents to consider the petitioner for the appointment as Rahbar-e-Taleem in case the vacancy existed.
The ReT aspirant, Hinna Khursheed D/o Khursheed Ahmed Dev, has approached the High Court through his counsels Firdous A Tak and M. Saleem Malik Advocates seeking appointment in a newly upgraded school Galhar in Kishtwar area of district Doda.
In its order the court observed the petitioner has been prevented to enter an assignment on the ground that she does not belong to village Galhar as per Permanent Resident Certificate. The argument needs to be appricated on the basis of the eligibility clause stipulated in the Rehbar-e-Taleem scheme, the court observed adding, a persusal whereof reveals that a candidate must be permanent resident of the state and should belong to the village, where the vacancy exist.
The counsel for the petitioner Firdous A Tak, Advocate, placed on record various documents pertaining to the residential status of the petitioner.
After hearing both the sides, the court observed that prima facie it appears that the respondents/competent authority has ignored all the norms, denying consideration to the petitioner notwithstanding the fact that as per the scheme state subject is not required to be of a particular village but of the state of Jammu and Kashmir, which admittedly petitioner does have.
Considering the matter in totality of the circumstances it would be appropriate to direct the deputy commission Doda to hold an enquiry into the ground reality and file a report within three weeks before the Registry, the court held adding, in the meantime respondent education officer shall also file an affidavit giving particulars of the officers who have dealt with the process of appointment.
“In the meantime, in case of availability of vacancy, it shall be obligatory upon the respondents to accord consideration to the petitioner”, the court directed further. (NAK)
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