Back
2017 Supreme(J&K) 713
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
B.S. Walia, J.
Omesh Singh Katoch – Appellant
Vs.
State of J&K and Ors. – Respondents
SWP No. 27 of 2015
Decided On : 08-03-2017
For the Appellant :R.K.S. Thakur, Advocate
For the Respondent: Ravinder Gupta, Addl. AG
The central legal point established in the judgment is the interpretation and application of Govt. Order No. 288-Edu of 2009 in the context of an appointment dispute.
Headnote:
Mandamus - Appointment Dispute - Govt. Order No. 288-Edu of 2009 - Summary: The court discussed the appointment dispute of the petitioner as a Rehbar-e-Taleem teacher and the interpretation of Govt. Order No. 288-Edu of 2009, which defined the requirements for habitation. The court's decision was influenced by the finding that the location in question did not satisfy the criteria of being a habitation, leading to the sustenance of the petitioner's selection.
Fact of the Case:
The petitioner sought a Writ of Mandamus for appointment as a Rehbar-e-Taleem teacher, challenging the selection of another candidate. The dispute revolved around the interpretation of Govt. Order No. 288-Edu of 2009 regarding the requirements for habitation.
Finding of the Court:
The court found that the location in question did not satisfy the criteria of being a habitation as per Govt. Order No. 288-Edu of 2009, leading to the sustenance of the petitioner's selection.
Issues: Interpretation of Govt. Order No. 288-Edu of 2009, appointment dispute, and retrospective appointment claim.
Ratio Decidendi: The court's decision was based on the finding that the location did not meet the criteria of being a habitation as per Govt. Order No. 288-Edu of 2009, influencing the sustenance of the petitioner's selection.
Final Decision: The court dismissed the Writ Petition, stating that the claim for retrospective appointment would depend on the outcome of another pending writ petition.
B.S. Walia, J.
1. Prayer is for the issuance of a Writ of Mandamus for commanding the respondents to treat the appointment/engagement of the petitioner with effect from 01.03.2011 with all consequential benefits as also for the issuance of a Writ of Mandamus for commanding the respondents to count the service of the petitioner as R-e-T teacher with effect from 01.03.2011 and to regularise him as general line teacher on completion of five years of service from said date along with all consequential benefits etc. Brief facts of the case are that in response to Advertisement Annexure-E, dated 07.12.2010 issued by respondent No. 3 inviting applications inter alia for two posts from permanent residents of Jammu & Kashmir for engagement as Rehbar-e-Taleem teachers under Sarva Shiksha Abhiyan at village level for rural areas and at ward level in case of urban areas in terms of Govt. Order No. 597-Edu of 2003, in respect of upgraded Primary School in District Ramban, petitioner applied for Educational Zone Ukhral, Village Pogal, Primary School Haroot.
2. It is the claim of the petitioner that the name of one Abdul Nasar was shown as selected for the post of R-e-T Maths stream (Non-Medical) in the panel for selection i.e. Annexure-F, dated 05.02.2011. The petitioner challenged the same by way of SWP No. 339/2011, praying for quashing selection of Abdul Nasar as also Mohd. Ashraf Sheikh and for the issuance of a Writ of Mandamus to direct the respondents to select and appoint the petitioner as R-e-T Math teacher in Govt. Upgraded Primary School Haroot and R-e-T Math teacher in Govt. Upgraded Primary School Prakar of revenue village Bingara with all consequential benefits. The aforementioned writ petition was disposed of vide order dated 29.03.2012 as having become infructuous on account of statement of the official respondents that the impugned Select Panel had been withdrawn to be prepared afresh in accordance with Circular dated 18.01.2012 issued by the Directorate of School Education Jammu. Pursuant thereto, select panel i.e. Annexure-H was prepared in the year 2012 and was displayed on 01.06.2012 reflecting the name of the petitioner as having been proposed in the select panel at No. 1 with Mohd. Ashraf Sheikh at Serial No. 2.
3. Thereafter, SWP No. 1681/2012, was filed by Abdul Nasar challenging the aforementioned proposed select panel. The writ petition was disposed of by holding that the outcome of the claim in the Writ Petition would depend upon whether Haroot was found to be satisfying the requirements of habitation in terms of Govt. Order No. 288-Edu of 2009, dated 08.04.2009 in which case selection was to be restricted to said habitation but in the event of Haroot being found to be part of revenue village Pogal, then the zone of consideration was to extend to revenue village Pogal and in that eventuality selection of respondent No. 5 therein i.e. petitioner herein was to remain intact. The question as to whether Haroot was a habitation was dependant on fulfillment of two fold criteria in terms of Govt. Order No. 288-Edu of 2009, dated 08.04.2009, namely of Haroot being at a distance of one kilometre from all other habitations besides having 300 inhabitants. Taking note of the aforementioned factual position, the Writ Court disposed of the Writ Petition vide order dated 08.11.2013 by directing enquiry to be conducted by the Deputy Commissioner, Ramban, whereafter Chief Education Officer, Ramban, was to frame select panel and pass orders in the light of report so submitted.
4. The Deputy Commissioner, Ramban, gave a report i.e. Annexure-L, dated 13.12.2013 mentioning therein that Haroot was neither hamlet nor it had any population leave aside 300 souls. However, a recommendation was also given that it would be upto CEO Ramban to decide whether he should invoke the jurisdiction of the High Court and seek appropriate orders or quash the panel and re-advertise the post afresh. A perusal of the report further reveals that alt
