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2022 Supreme(J&K) 181

PANKAJ MITHAL, JAVED IQBAL WANI
Tawheeda Akhtar – Appellant
Versus
Ruqaya Tasleem – Respondent


Advocates:
Appearing Counsel:
For the Appellant(s):Mr. Tasaduq H. Khawja, Advocate
For the Respondent(s):Mr. Asif Maqbool, Dy. AG, Mr. Altaf Haqani, Sr. Advocate with Ms. Irshada, Advocate

Judgment

Javed Iqbal Wani, J.—The instant appeal is preferred by the appellant against judgment dated 06.04.2022 (hereinafter referred to impugned order) passed in SWP No. 2130/2013 captioned as “Ruqaya Tasleem Vs. State and Ors”.

2. Before adverting to the issues involved in the instant appeal, brief facts emerging therefrom are delineated as under:—

    • In the year 2004, an advertisement notice was issued by the School Education Department for engagement of Rehbar-i-taleem (ReT) under SSA scheme in a school in Mehdi Colony, Wahdatpora, Budgam, situated in ward No. 4 of the Municipal Committee, Budgam.

• The appellant herein applied for consideration against the said post of ReT as also respondent No. 1 claiming to be residents of said ward No. 4.

• A dispute arose between the appellant herein and the respondent No. 4 herein about the place of residence of respondent No. 1 herein landing before the Chief Education Officer (respondent No. 4-herein) which finally resulted into drawing of a conclusion by respondent No. 4 that the respondent No. 1 is not the resident of ward No. 4, as such, not entitled to the consideration and issuance of a consequential order of appointment in favour of t

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