The interpretation of the eligibility conditions for engagement as R-e-T under Government Order No. 288-Edu of 2009 and the principle of estoppel.

1. Advertisement Notice dated 15th December, 2011 was issued by the Zonal Education Officer, Bandipora, whereunder applications were invited from the eligible candidates of revenue village Sonarwani for engagement as R-e-T in newly sanctioned Primary School, Arampora Sonarwani. Two posts of R-e-T were to be filled up. Petitioner as also other eligible candidates responded to the said Notification. Merit panel was prepared, in which petitioner on the basis of her merit figured at serial no. 4. After the panel was prepared and after finding that she cannot be appointed, the petitioner filed this writ petition challenging the Advertisement Notice on the ground that the school has been sanctioned for Arampora Sonarwani which is a habitation and conforms to twin requirements as provided in the Explanation appended to Government Order No. 288-Edu of 2009 dated 8th April, 2009 and accordingly sought quashment of the Advertisement Notice. It is further prayed that the zone of consideration for making selection/appointment shall be confined to habitation Arampora Sonarwani and selection/appointment shall not be made by taking the revenue villages as zone of consideration.

2. On notice issued, respondents have filed reply affidavit/objections.

3. Learned counsel for the petitioner in a bid to satisfy the Court that Arampora is a habitation and satisfies the twin requirements as provided in the Explanation eppended to Government Order No. 288-Edu of 2009 dated 8th April, 2009. Learned counsel in this behalf referred to documents placed on writ record as also the objections filed by the respondents. Perusal of the Annexure-C of the writ petition reveals that Arampora has a population of 300 persons and the distance from Arampora to P/S Molvi Mohalla Sonarwani is one kilometer. Learned counsel made specific reference to Annexure-R2 of the objections filed by the respondents 1 to 4, which is the report of the Assistant Executive Engineer PWD (R&B) Sub Division Bandipora and at Serial no. 1, it is stated that the distance between the Sonarwani and Arampora Chowk is 1043 RM. Learned counsel submitted that in view of the aforestated factual position, the Arampora does satisfy the twin requirements as provided in the Explanation appended to Government Order No. 288-Edu of 2009 dated 8th April, 2009. Learned counsel also referred to objections filed by the private respondents and invited the attention of the Court to Communication dated 15th July, 2011, sent by Dy Director (P&S) Directorate of School Education, Kashmir to Chief Education Officer, Bandipora, which Communication was sent to clarify some position in SWP. No. 1863/2009. The Deputy Director had informed the Chief Education Officer, Bandipora that the distance between two habitations be measured from center of the village. Learned counsel also referred to one of the documents produced by private respondents which is captioned as "objectives and Organization of the Fourth All-India Educational Survey" in which at XI, it has been stated that distance between two habitations or between a school and a habitation is the convenient walking distance between the central points of the two habitations, or the school and the central point of a habitation. It has been stated that if, there are two habitations and aerial distance or the distance as the crow flies is one kilometer, but the actual convenient walking distance by road or path is 1.5. Kilometer, then the distance between the two habitations will be the walking distance i.e. 1.5. Kilometer. Learned counsel accordingly prayed for allowing the writ petition.

4. Learned counsel for the respondents submitted that the writ petition is not maintainable as the petitioner responded to the Advertisement Notice and subjected herself to selection process and after finding that she cannot be appointed on the basis of her low merit she approached the Court by filing the present writ petition. Learned counsel submitted that Arampora does not confo