LPA No. 78/2022 Page 1 of 15

Sr. No. 9

Supplementary-1

IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on: 01.07.2022

Pronounced on : 20.07.2022

LPA No. 78/2022

Tawheeda Akhtar

…Appellant(s)/Petitioner(s)

Through: Mr. Tasaduq H. Khawja, Advocate

Vs.

RuqayaTasleem and Ors.

...Respondent(s)

Through: Mr. Asif Maqbool, Dy. AG.

Mr. Altaf Haqani, Sr. Advocate, with

Ms. Irshada, Advocate.

CORAM:

HON?BLE THE CHIEF JUSTICE

HON?BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

JUDGMENT

Per Javed Iqbal Wani >J?

1.

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.

LPA No. 78/2022 Page 2 of 15

 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 the appellant being order dated

11.08.2005.

 The respondent No. 1, dissatisfied with the decision of

the respondent No. 4, questioned the engagement order of

the appellant herein in SWP No. 864/2005 before this

Court with the following reliefs: -

1. By issuance of a writ of certiorari or any other

appropriate writ order or direction, the

impugned order no. CEOB/plg/3597-99 dated

11.08.2005 be quashed and

2. By issuance of a writ of mandamus or any other

appropriate

with,

order

or

direction,

respondents

be

directed

to

appoint

the

petitioner to the post of RT teaching guide for

Primary School Mehdi Colony, Wahdatpora

ward no. 4, District Budgam and to give her all

the consequential benefits of her engagement as

such with effect from the date it has been

LPA No. 78/2022 Page 3 of 15

granted to the candidates who figured at serial

no.2 in the list of candidates approved for

appointment/engagement for Primary School

Mehdi Colony, Wahdatpora, Ward No. 4.

Budgam.

 During the pendency of the said petition this Court in

terms of order dated 18.04.2013, while taking note of the

rival claims of the appellant herein as also of the

respondent No. 1, in the writ petition directed holding of

an enquiry by the Assistant Commissioner, Budgam

being respondent No. 8 herein for ascertaining the actual

place of residence of respondent No. 1 herein.

 The respondent No. 8 herein after holding said enquiry

filed a report before this Court indicating therein that the

petitioner’s (respondent No. 1 herein) actual residence is

found in ward No. 3 of Municipal Committee, Budgam.

 In pursuance to the said report of respondent No. 8, the

writ petition of the petitioner-respondent No. 1 herein

came to be dismissed with the observation <however,

petitioner, if so advised, is at liberty to question the

enquiry report before the appropriate forum.=

 The respondent No. 1 herein