Rukhsana Khazir vs State of J&K & Ors.

Petitioner claims to have been applied for the post of Rehabar-e-Taleem (ReT), consequent to advertisement notice Nil dated nil, annexure - A

to the writ petition. According to the petitioner, her name was figuring in the tentative list but no appointment order has been issued in her favour.

It is stated that petitioner has filed objections, Annexure-C before the respondent no.4, stating therein that private respondent no. 5 is ineligible

to the said post as she is from open merit category and cannot apply in Resident of Backward Area (RBA) category. Her grievance is that she has

not received the appointment order and if her objections are not considered by respondent no. 4, her claim will be overlooked.

Learned counsel for the petitioner states that petitioner is not seeking any specific relief against the 5th respondent but is seeking consideration of

her objections before the selection is made.

Mr. A. M. Mir, learned Dy. AG states that name of the private respondent is also figuring in the tentative list.

Keeping in view the nature of relief sought for, notice to private respondent as envisaged in terms of rules is dispensed with.

With the consent of learned counsel for the parties, writ petition is admitted to hearing and taken on board for final disposal with a direction to

the respondent no. 3, Chief Education Officer, Kupwara to accord consideration to the objections, filed by the petitioner on its own merits. The

private respondent including all eligible candidates shall be heard before a decision is taken in the matter so as to avoid the allegation of violation of

principle of nature justice.

The rights of private respondent including the other candidates shall not be disturbed without following the due procedure prescribed by law.

This will ensure unnecessary litigation.

With these observations, with petition along with connected MPs is disposed of.