The court emphasized the importance of a valid and reliable report in making decisions and set aside the impugned report based on a quashed report from a previous round of litigation.

JUDGMENT :

SWP No.900/2013

1) This is the third round of litigation initiated by the petitioner challenging the engagement of respondent No.7 as Rehbar-e-Taleem for the school located at Piswal Mohalla Warnow Rung District Kupwara.

2) Initially, the petitioner filed a writ petition bearing OWP No. 1512/2010 before this Court whereby he had challenged the enquiry report submitted by the Assistant Commissioner, Revenue, Kupwara. According to the said report, it was concluded that the petitioner was actually residing at Warnow with his father at the time of issuance of the advertisement notice inviting applications for the post of ReT for the school located at Piswal Mohalla Warnow Rung, hence not eligible for engagement. This Court vide its order dated 24th December, 2010, disposed of the aforesaid writ petition extending the following directions:

a) The Deputy Commissioner, Kupwara, shall either himself enquiry into the issue of residence of the petitioner or cause the enquiry to be done by the Additional Deputy Commissioner, Kupwara, in which enquiry the petitioner as also the private respondent shall be associated. The petitioner shall be given opportunity of hearing which will include production of documents as well. The authority thereafter shall return the finding about the actual residence of the petitioner. This process be initiated and concluded within a period of one month from the date copy of this order is served upon respondent No.5.

b) On receipt of the report of authority, respondent nos.3 and 4 shall proceed with the selection process and engage the meritorious candidate on the post of Rehbar-e-Taleem in accordance with the terms and conditions of Advertisement Notification, guidelines of the scheme and Government orders occupying the field. Respondents 3 and 4 will conclude the process of selection and appointment within a period of one month thereafter.

3) It seems that pursuant to the aforesaid directions of this Court, the Additional Deputy Commissioner, Kupwara, submitted his report to the Deputy Commissioner, Kupwara, vide his communication No.ADDCK/2011/957-60 dated 15.09.2011. As per the said report, the Additional Deputy Commissioner, Kupwara, also came to the conclusion that the petitioner, at the time of issuance of notification by the Education Department for appointment of ReTs, was residing with his father at Warnow and not with his brother at Piswal Mohalla Warnow Rung.

4) The aforesaid report was challenged by the petitioner by way of second writ petition bearing SWP No.2034/2011. This Court vide its order dated 07.12.2012, concluded that the enquiry conducted by the Additional Deputy Commissioner, Kupwara, is not in consonance with the earlier direction dated 24.12.2010 passed in the first writ petition. It was also observed that the report of the Additional District Development Commissioner, Kupwara, is cryptic in nature and, accordingly, the same was quashed. The Court directed the Deputy Commissioner, Kupwara, to get the issue of residence of the petitioner enquired into either himself or through Additional Deputy Commissioner, Kupwara, after hearing both the contesting parties.

5) Pursuant to the aforesaid directions of this Court, impugned report dated 02.05.2013 has been rendered by the Deputy Commissioner, Kupwara. As per the said report, the contention of the petitioner that he is a resident of Rung Warnow is not tenable and it is respondent No.7 who is a resident of said habitation and, as such, she deserves to be considered for engagement as ReT. It seems that on the basis of aforesaid report of the Deputy Commissioner, Kupwara, respondent No.7 has been engaged as an ReT in terms of impugned order dated 18.05.2013 issued by Zonal Education Officer, Khumeriyal.

6) Heard and considered.

7) The main ground urged by learned counsel for the petitioner for impugning the report of the Deputy Commissioner, Kupwara, and the order of engagement of respondent No.7 is that the report of the Deputy Commissio