Riyaz Ahamed Bhat & Anr. vs State of J&K & Ors.

7 posts of teachers under Serva Shiksha Abiyan Scheme were vacant in Govt. BMS Konibal, CMS Konibal and MPS KonibLal. Petitioners

state that they duly applied for the posts and figured in the list prepared by the Village Level Committee, as is required by the rules but they have

not been selected. Some other candidates have been selected. The petitioners are aggrieved of the selection of the two of the candidates namely

Atta Mohammad Malik and Shugufta Parveeri who according to them, possess lower merit as compared to the petitioners. Through the medium of

the present petition the petitioners have challenged the appointment of respondent Nos: 6 & 7 and have prayed for a direction to the respondents

to appoint them on the posts.

Official as well as private respondents have filed their separate objections. A common stand taken in all the objections is that the petitioners

have not applied for the post at all as such they were not considered for it.

Petitioners have placed on file a copy of the communication addressed by Sr. Superintendent of Police Crime Kashmir Srinagar addressed to

the Director School Education Srinagar vide No. CR/P/CLIMIsc/20037842 dated 3.6.2003 wherein reference is made to the communication of

the Zonal Education Officer, Pampore who has stated that the petitioners cases have not been considered through they had duly applied for it. Sr.

Supdt; of Police has therefore, referred the matter to the Director School Education for enquiry and appropriate action.

Heard. I have considered the matter.

The matter has been examined by the District Development Commissioner also who has given a detailed report in the matter which reads as

under:

Whereas, fourteen posts were identified by the competent authority for engagement of teaching guides under RehbereTaleem for various Schools

in District Pulwama and one post of R. T. Guide under Sarva Shiksha Abhiyan Scheme for Primary School, Nowhar Malpora due to cancellation

of enagement order of one Shri Farooq Ahmad Ganaie S/o Gh. Rasool Ganaie R/o Nowhat Malpora;

Whereas, after scrutiny of the relevant files fifteen candidates were found eligible for selection as RT guides as per the guidelines of the R. T.

Scheme;

Whereas, the proposed list of the above fifteen candidates was published in the daily Alsafa dated 4.11.2003 for calling objections within seven

days from the date of publishing of the proposed list; Whereas three objections were received from three persons against one Shri Atta Mohd.

Malik S/o Ab. Gani Malik R/o Knibal proposed candidate for GPS Konibal and one representation against one Shazia Gul D/o Gul Mohd. R/o

Wagam proposed candidate for PS. Takiya Wagam;

Whereas the said representations were given due consideration in the R.T. Selection Committee meeting which was held on 20.11.2003.

Whereas, the representation received against one Shri Atta Mohd. Malik were not found genuine and were turned down by the Committee on the

basis of clarification report received from Chief Education Officer, Pulwama vide his letter No. CEO/Pul/1/03 dated 11.11.2003 on the plea that

the representees have not bothered to apply for their engagement as R. T. Guides at the time of preparation of panel and as such the representees

are not figuring in the R. T. panel prepared by ZEO, Pampore on the directions/orders of Hon'ble Munsiff Court, Pulwama dated 4.7.2002 which

reads as under:

On the consensus of the Counsel of the parties the defendants are hereby directed by way of interim injunction that they will accord consideration

to the plaintiffs of the above titled suit and to defendant No. 6 namely Atta Mohammad Malik and will prepared the merit list for the vacancies in

the schools of villages Konibal in accordance with the merit and in strict adherence of the scheme framed by the Govt. known as RehbereTaleem

scheme.

Besides, the represntees have not also represented against the selection list which was earlier, issued in respect of six candidates n whose favour

the orders were issued on 31.3.2003 for MS. Konibal/PS Konibal; and Whereas, the representation received against another proposed candidate

namely Shzia Gul D/o Mohd. R/o Wagam was not found genuine and was turned down by the Committee on the plea that the village Wagam and

Takya Wagam is a single revenue village as clarified by the Tehsildar Pulwama and selection is required to be made from a revenue village in light

of provisions laid down in R. T. guidelines. Now, therefore, sanction is hereby accorded to the selection of 15 candidates as RehbereTaleem

guides for various schools of District Pulwama forming as Annexure 'A"" to this order. Before issuing formal engagement orders in favour of the

selected candidates the Chief Education Officer, Pulwama/Zonal Education Officer concerned shall be personally responsible for verifying the

genuineness of the original certificates to be obtained from the selected candidates as required under rules.

Besides, before issuing formal engagement orders in favour of the selected candidates the Chief Education Officer, Pulwama and Zonal Education

Officer concerned shall ensure that;

The selected candidates belongs to the same village for which the post is identified;

The post against which the selection has been made is properly notified by the competent authority and has not been earmarked for other

Backward classes.

There is no any writ petition pending in any court of Law or any representation against the selected candidate in the office of Chief Education

Officer, Pulwama/Zonal Education Officer concerned;

That te post is not earmarked for operation Black Board and that all the norms under RehbereTaleem Scheme are fulfilled; and

Character certificate to be obtained form the Police/CID.

On consideration of the matter I find that the matter needs further enquiry as the Zonal Education Officer has mentioned in the communication

No. No. CEO/Pul/1015 dated 25.4.2003 that the petitioners had applied for the post but a common stand of the respondents as well as of the

District Development Commissioner shows that the petitioners had not applied for the posts at all.

In the circumstances I dispose of this petition with a direction to the Director School Education, Kashmir to enquire into the matter and find out

as to whether the petitioner had applied for the post if so why they have not been considered by the respondents. While conducting the enquiry the

Director shall give due opportunity of hearing to the petitioners who may place before the Director their stand as well as any document in support

of their claim. Let the enquiry be completed within a period of three months from the date this order is served on the Director. Appointments made

shall be subject to outcome of the findings of the Director who may pass such orders in the matter as may appear to his just in the circumstances of

the case and his findings in the enquiry. Disposed of.