The central legal point established in the judgment is the interpretation and application of the conditions for qualifying a Mohalla as a Habitation, as per Government Order No. 288-Edu of 2009.

Mohammad Yaqoob Mir, J.

1. One post each of ReT Teacher was to be filed in two schools namely P/S Kash Mohalla Kachwari and P/S Bujran Mohalla Thezwooder. The process initiated culminated in selection of two candidates. For Kash Mohalla, a panel of three candidates i.e. Sh. Fayaz Ahmad Kalas, Sh. Mohammad Rafiq Lone and Smt. Mehmooda Qadir (petitioner herein) was prepared. Finally, Sh. Fayaz Ahmad Kalas was selected for PS Kash Mohalla, Kachwari and Sh. Ghulam Hassan Bitty for PS Bujran Mohalla, Thezwooder. Two writ petitions bearing SWP No. 62/2013 and SWP No. 52/2013 were filed by two persons namely Sh. Mushtaq Ahmad Bhat and Smt. Nusrat Maqbool Shah contending therein that Kash Mohalla and Bujran Mohalla do not constitute habitations, therefore, zone of consideration should have been extended to the Revenue Village to which those petitioners belong. Both the petitions were dismissed vide detailed judgment dated 26th December, 2013. Therefore, both Kash Mohalla and Bujran Mohalla were held to be habitations.

2. A later development i.e. Sh. Fayaz Ahmad Kalas who was selected for PS Kash Mohalla did not join instead filed an affidavit that since he has been selected somewhere else, therefore, is not interested. As a necessary corollary, the second candidate in the order of merit i.e. respondent No. 7 was provisionally selected. As against his provisional selection, present petitioner-Smt. Mehmooda Qadir filed representation to the effect that respondent No. 7 is resident of Khudpora whereas she being resident of Kash Mohalla, therefore, has a right of engagement to the exclusion of the respondent No. 7. She also filed writ petition bearing SWP No. 460/2014 captioned Mehmooda Qadir v. State and Ors which stand disposed of vide judgment dated 6th March, 2014 with a direction to the Deputy Commissioner, Budgam to enquire as to whether respondent No. 5 therein i.e. Sh. Mohammad Rafiq Lone-respondent No. 7 herein is resident of the Habitation. Deputy Commissioner, Budgam has constituted a Committee of two officers i.e. Deputy Director Planning and Statistical Officer who have prepared a detailed report dated 7th March, 2014.

3. Learned counsel for the petitioner would contend that the Kash Mohalla being a Habitation and petitioner being resident of that Habitation has to be selected even though respondent No. 7 is meritorious but is resident of Khudpora.

4. In the opposition, learned counsel for the respondent No. 7 highlighted various aspects of the report as prepared by the constituted Committee and contended that Kash Mohalla is a part of Bonpora, whereas Bonpora, Herpora and Khudpora together constitute Habitation, therefore, all the candidates who belong to these three Mohallas were eligible and it is on the same basis Zonal Education Officer, Budgam has concluded that respondent No. 7 has a right of selection.

5. It is settled that for calling a particular area as a Habitation when a Revenue Village is scattered, following twin conditions are to be satisfied in terms of Government Order No. 288-Edu of 2009 dated 8th April, 2009:

(i) That the Mohalla (a part of the Village) shall be at a distance of 1 Km away from other Mohallas and;

(ii) Must have, population of more than 300 souls.

6. When above referred twin conditions are satisfied then only the candidates belonging to the Habitation shall have right of consideration to the exclusion of the candidates belonging to other Mohallas of the Revenue Village.

7. There have been rounds of litigation. Though controversy was essentially a factual better to have been resolved by some other appropriate proceedings but keeping in view the two rounds of litigation and then third round of litigation wherein a direction has been issued to ascertain the actual place of residence of the Respondent No. 7, it has now to be settled.

8. The report of the Committee is suggestive of the fact that on the visit to the Village Kachwari which is a Revenue Village, it has been observed that the said V