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2013 Supreme(J&K) 191

M.M.KUMAR, HASNAIN MASSODI
Sunita Rajput – Appellant
Versus
State & Ors. – Respondent


Advocates Appeared:
Mr. B.S. Salathia, Advocate with, Mr. Asheesh Sharma, Mr. M.A. Bhat, Advo#31;cates for the Appellant.
Mr. Ravinder Sharma, AAG Mr. R.K. Bhatia, Advocates for the Respondents.

Massodi, J.—

1. Letters patent Appeal on hand is directed against the writ Court Judgment dated 13th December, 2010 in SWP No. 351/2006, whereby writ petition has been dismissed and a candidate though actually not residing in the village, held eligible to be engaged as ReT under Sarva Shiksha Abhiyan (SSA) Scheme. The Appeal arises against the following backdrop.

2. Director School Education vide advertisement notice No. DSEJ/ReT/4811-17 dated 29th June, 2004, invited applications from the eligible candidates amongst others for the position of ReT in Middle School Babliana, Block Satwari. Sunita Rajput (hereinafter referred to as appellant in LPA (SW) No. 183/2010) and Renu Manhas (hereinafter referred to as respondent No. 5, in LPA(SW) No. 183/2010) were amongst the candidates who responded to the advertisement notice. How#31;ever, the appellant did not find place in the selection list and was not engaged against the advertised position. The respondents 1 to 4 instead selected/engaged, respondent No. 5 against the said post.

3. The appellant questioned selection and engagement of respondent No. 5, as ReT in the aforesaid School, primarily on the ground that respondent No. 5, as also



























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