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2013 Supreme(J&K) 13

MOHAMMAD YAQOOB MIR
Mushtaq Ahmad Thoker – Appellant
Versus
State & Ors. – Respondent


Advocates Appeared:
Mr. M. Ashraf Wani, Advocate for the Petitioner.
Mr. S. A. Naik, AAG (R-1 to 4, 6 , 7) , Mr. Saqib Amin (for R-5)

1. Vide advertisement notice issued by respondent No.4 (Zonal Education Officer, D.H.Pora), applications have been invited from the eligible candidates for engagement as ReT teachers in newly created Primary Schools which include newly created school in Sofi Mohalla (Checki Watoo) revenue village Watoo where two vacancies are to be supplied. Eligible candidates from the concerned Habitation, in terms of the advertisement notice, are to be given preference.

2. Petitioner as well as respondent No.5 have applied for being engaged. Petitioner apprehending exclusion in view of being inferior in merit to the respon#31;dent No.5, filed writ petition(SWP) No.1864/2010) projecting therein that Sofi Mohalla, where the school is situated, is not a separate Habitation within revenue village Watoo but is a smAli Mohalla with a population of less than three hundred persons and is at a distance of half a kilometre from others, therefore, does not constitute Habitation within the meaning of explanation as notified in terms of Government order No.288-Edu of 2009. The said petition has been disposed of vide judgment dated 22.3.2011 with the direction to the Deputy Commissioner that he shall get the s





















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