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| HC quashes appointment of teacher after 8 yrs | | |
EARLY TIMES REPORT
JAMMU, July 31: Justice JP Singh of Jammu & Kashmir High Court Jammu Wing today quashed the selection of one Preeti Rajput, General Line Teacher, District Cadre, Udhampur, who was selected in pursuant to advertisement issued by J&K SSRB on March 9, 1999 and also directed the Jammu and Kashmir Service Selection Board to consider the petitioner for selection against the post of teacher district cadre Udhampur and to make recommendation in this behalf to the Govt for her appointment within a period of three months.
In the petition filed by Udhay Rani aggrieved by the selection of Preeti Rajput- as teacher against the posts reserved for candidates belonging to OBC category, the petitioner, who had participated in the selection process initiated by the Jammu and Kashmir Services Selection Board for selection of Teachers, pursuant to its Advertisement Notice No. 01 of 1999 of March 09, 1999, has approached this Court seeking quashment of the selection of Preeti Rajput, besides a direction to the respondents to select her as Teacher in District Cadre Udhampur against the reserved category of Other Backward Classes. The case projected by the petitioner is that private respondent had managed her selection against the reserved category of OBC whereas being a Rajput by Caste, she was not so entitled.
The Services Selection Board has supported private respondent's selection under the Other Backward Classes Category urging that having secured 47.93 points i.e. more than the last selected candidate who had obtained 43.16 points, the respondent No.5 had earned her selection on the basis of merit. The petitioner having secured only 33.98 points i.e. less than the last selected candidate under the reserved category is thus stated not entitled to selection as Teacher. Justice JP Singh while quashing the appointment of private respondent heard Adv JP Gandhi for the petitioner and Adv Rahil Raza for the respondent SSRB observed that despite availing several opportunities to produce the records, the SSRB has not done the needful and its counsel informs that the records were not available with the Board. In these circumstances when the Board was unable to produce the records to justify private respondent's selection as Teacher under the reserved category of OBC and the private respondent has opted not to contest the petitioner's Petition to disprove the petitioner's specific case on facts that she did not belong to the reserved category of OBC, the petitioner's plea that private respondent did not belong to the reserved category and thus disentitled to selection as teacher, gets substantiated. Court while quashing the appointment observed that Petitioner had approached this Court in the year 2002 and during the pendency of the Writ Petition in the Court for about eight years, no other candidate belonging to the reserved category of Other Backward Classes has either questioned the selection of private respondent or staked his or her claim to selection indicating that none other than the petitioner was interested to serve as Teacher against the post for which private respondent had been recommended by the Board. Court is of the opinion that in the circumstances, same course which was adopted by the Supreme Court of India in Sri Ashok alias Somanna Gowda and another versus State of Karnataka and others, needs to be followed in the petitioner's case too, in the interests of Justice and allowed the petition of the petitioner and quashed the selection of Preeti Rajput as General Line Teachers of District Cadre Udhampur with the direction to SSRB to consider the petitioner for selection of against the post of teacher District Cadre Udhampur and to make requisite recommendation to the Govt for her appointment. The Board shall complete the exercise within a period three months. ---JNF
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