Mohd Tariq @APPELLANT@Hash Central University Of Jammu And Others

The short grievance projected by the petitioner in this petition is against the order of respondent No.5 issued vide No.ZEO/Mdr/SSA/906-10 dated 23.01.2010 whereby respondent No.6 an Education Volunteer (EV) working in EGS Center has been engaged as ReT in Primary School Paliyian Kotan on the ground that respondent No.6 was neither the resident of Paliyian Kotan nor the EGS center where she was working i.e., EGS Center Mohalla Choudharian was the adjoining EGS center. The impugned order of engagement of respondent No.6 has also been assailed on the ground that same was the outcome of mala fide exercise of powers by the respondent No.5, who had issued two orders bearing same dispatch numbers on the same date.

Learned senior counsel appearing for the petitioner points out that apart from the order impugned, respondent No.5 had issued another order bearing same dispatch number i.e., ZEO/Mdr/SSA/906-10 issued on the same date i.e 23.01.2010 which indicates that respondent No.6 was engaged as ReT in Primary School Kakar Bani Gohlad which was upgraded from its position as EGS center.

Learned senior counsel appearing for the petitioner, therefore, submits that order impugned whereby respondent No.6 was adjusted in upgraded EGS center/Primary School Paliyian Kotan is contrary to the scheme as the respondent No.6 who was working as EV in the EGS center Mohalla Choudharian could have been adjusted only in the nearest school and the nearest upgraded school was Primary School Kakar Bani Gohlad.

Per Contra, Mr. Gupta, learned Additional Advocate General submits that the petition is not maintainable for the reason that respondent No.6 was engaged as EV in the EGS center Mohalla Choudharian, Gohlad in the year 2004 whereas the writ petition was filed in the year 2010. He also challenges the maintainability of the writ petition on the ground that the petitioner who was never appointed as EV could raise no grievance against the person engaged as ReT upon the up-gradation of the EGS center where he was working. He, however, could not explain the issuance of two orders by the then ZEO bearing same dispatch numbers and the date. Record produced by Mr.Gupta also does not clarify the aforesaid position.

Having heard learned counsel for the parties and perused the record. I am of the view that respondent No.5 has not acted as per rules and has gone beyond the scope of his powers. He has arbitrarily issued two orders in favour of respondent no.6, one engaging her as ReT in Primary School Paliyian and another indicating her engagement in Primary School Kakar Bani Gohlad. It may be relevant to point out that both these Primary Schools i.e., one located at Paliyian and other at Kakar Bani Gohlad are actually upgraded EGS centers working at the aforesaid places.

Going by the scheme promulgated by the Government vide order No.322-Edu of 2008 dated 26.06.2008, if the EGS center concerned does not qualify for up-gradation, the same is required to be merged either with the adjoining EGS center to be upgraded to the Primary School or the nearest existing Primary School. In the instant case, and as is admitted by the parties, the EGS center Kakar Bani Gohlad which was upgraded as Primary School was the adjoining EGS center upgraded by the respondents and therefore, respondent No.6 could have been engaged as ReT in the aforesaid school and not in the upgraded EGS center Paliyian Kotan (Primary School Paliyian Kotan) which is a school far away from the EGS center Mohalla Choudharian and falls in another village. The second order i.e annexure-C appended in the petition is, therefore, the correct-one which is in consonance with the scheme and the Government order dated 26.06.2008 (supra). The order impugned, therefore, cannot sustain and is required to be quashed. From perusal of the record, it clearly transpires that having regard to the role played by the then Z.E.O it was the fit case where this court should have proceeded against such Z.E.O who issued these two orders bearing same dispatch numbers and the date, but in view of the fact that the aforesaid incumbent has since retired, I deem it appropriate to put quietus on the issue. However, to do complete justice in the matter, this petition is disposed of by providing that the impugned order annexure-A bearing No.ZEO/Mdr/SSA/906-10 dated 23.01.2010 whereby respondent No.6 has been engaged as ReT in Upgraded EGS center Paliyian Kotan (now Primary School) is quashed. Respondent No.6 shall be deemed to have been appointed as ReT in Up-graded EGS center Kakar Bani Gohlad (now Primary School) in terms of annexure-C appended with the petition i.e., an order bearing No.ZEO/Mdr/SSA/906-10 dated 23.01.2010. The post of ReT/Teacher that falls vacant on account of shifting of respondent No.6 to Kakar Bani Gohlad shall be filled up by the respondents in accordance with law.

This petition is disposed of. Record be returned to Mr. Gupta, learned AAG.