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SINDHU SHARMA
Nisha Kumari – Appellant
Versus
State of J&K – Respondent
ORDER :
1. Petitioner, by way of this petition, seeks quashing of the engagement of respondent No. 5 as Education Volunteer/Para Teacher in EGS Centre, Thugi and with a further direction to the respondents to appoint her as Education Volunteer in the EGS Centre Thugi with all the consequential benefits.
2. In Zone Pancheri, a new EGS Centre at Thugi was sanctioned by the respondents under the Educational Guarantee Scheme in village Meer. In village Meer, two EGS Centres were sanctioned; (i) EGS Centre at Mohra Santha and (ii) EGS Centre at Mohra Thugi. The Education Volunteer (EV) was to be engaged on the basis of the merit from all the candidates of same village who were possessing 10+2 qualification. The respondent No. 5 was selected and appointed vide order dated 01.04.2005.
3. The contention of the petitioner is that the respondents have selected and engaged respondent No. 5, as an Education Volunteer in for EGS Centre in Village Meer, Mohra Thugi without issuing any advertisement and without following the norms for selection of an Education Volunteer. The petitioner, belonging to the said village, was the only eligible candidate for consideration to the post but was not selected
The main legal point established in the judgment is the significance of the selection process for Education Volunteers under the Education Guarantee Scheme, emphasizing the role of the local communit....
Education Volunteers - Selection process - If there is some minor irregularity in selection of a candidate but if such a candidate has put in a number of years of service, it may not be advisable to ....
Proper consideration of evidence and reports is essential for making decisions in matters of rehabilitation and engagement under government schemes.
The main legal point established is that marrying outside the village does not disqualify a candidate for engagement as a Rehbar-e-Taleem Teacher if they continue to actually reside in the same villa....
The appointment of the petitioner must be justified based on the qualifications and rules prevailing at the time of consideration, as per legal precedents and Article 14 of the Constitution of India.
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