SWP/1827/2004 of DAL SINGH AND ORS. Vs STATE TH.EDUCATION DEPTT.AND ORS. on 31 December 2012

HIGH COURT OF JAMMU AND KASHMIR |Al JAMMU

SWP No. 1827/2004CMA Nos. 3031/2012, 3778/2012, 3489/2012, 2319/2012, 2320/2012,2297/2012, 651/2012, 341/2012, 2595/2009 & 828/2012..

Date of Decision: 31.12.2012

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Dal Singh and ors. |

Vv. State of J&K and ors.

Coram:

Mr. Justice J.P.Singh.

Agegrieved by empanelment for selection as Rehbar-eTaleem in Schools situated at village Alni Gangota TehsilGandoh of District Doda, the petitioners - seven in number,approached this Court in the year 2004 seeking directionsagainst State and its functionaries in Education Departmentnot to appoint respondent Nos. 8 to 16 as Rehbar-e-Taleemand for a Command to them to appoint only eligiblecandidates of village Alni Gangota as Rehbar-e-taleem. |

Their Writ Petition, dismissed in default of appearance|

on December 15, 2007, was later restored but only insofar asit pertained to Mahesh Chander and Taslima Begum,petitioner Nos. 2 and 6.

Zahida Bano W/o Anayat Hussain was impleaded asrespondent No.17 vide order dated 03.11.2009.

Considering the respondents’ Response to Writ Petition |

and finding that the only dispute that needed consideration )was as to whether or not, the respondents were residents ofvillage Alni Gangota and entitled to consideration forempanelment, selection and engagement as_ Rehbar-eTaleem, it was considered appropriate to get an enquiryconducted for factual finding on the issue of actual residenceof the respondents.

Deputy Commissioner Doda was directed to hold theenquiry.

Relying on official records and Certificates of|Lambardars and Halqa Panchayat Members, besides theinformation conveyed by other residents of the area, theDeputy Commissioner found respondent Nos. 8, 9 and 10 theresidents of village Dudwar. According to the learned DeputyCommissioner, these respondents possessed some landedproperty in village Alni Gangota as well and would spendonly few months of summer season thereat. Certificateobtained by Ashiana Bano-respondent No.8 was found tohave been got by misrepresentation of facts.

Kouser Parveen, Waheda Akhter, Arifa Bano and|Nusrat Begum, respondent Nos. 11 to 13 and 16, toowere found actual residents of village Dudwar. FarooqAhmed-respondent No.l4 was found resident of villageChanga and no Permanent Resident Certificate had beenissued in his favour for village Alni Gangota. Talib Hussain-respondent No.15 too was found by him to be the resident ofvillage Changa and not Alni Gangota. ©

Respondents have filed Objections to the Deputy)Commissioner’s Report.

3

Heard learned counsel for the parties.

The Report of the Deputy Commissioner, which 1s|based on records and 1s otherwise supported by the version ofrespectable persons of Alni Gangota and adjoining villages,some of whom were holding elected positions, justifies thepetitioners’ Complaint that the State-respondents had faultedin selecting respondents for engagement as Rehbar-e-Taleemwithout ascertaining true facts about their actual residence 1nvillage Alni Gangota, which was sine gua non forempanelment, selection and engagement of Rehbar-e-Taleemfor Schools in the Village.

In|thesecircumstances,whentheDeputyCommissioner, on the basis of a detailed enquiry, has notsupported the case set up by the respondents that they wereactual residents of village Alni Gangota and on the otherhand, had found them residents of villages other than villageAlni Gangota, their empanelment/engagement as Rehbar-e-Taleem in village Alni Gangota cannot be sustained.

However, it becomes difficult for this Court to record|positive finding, regarding the actual residence of therespondents on the date when notification for selection andengagement of Rehbar-e-Taleem was issued, 1n exercise ofthis Court’s extra-ordinary Writ Jurisdiction. The issueregarding the empanelment, selection and engagement ofRehbar-e-Taleem against available vacancies, therefore,requires a fresh look by the Education Department of theState Government so that only those, who were eligible underrules governing selection and engagement of Rehbar-e- ytaleem(s), were selected and engaged|againstavailablevacancies.

This Writ Petition 1s accordingly allowed, quashing theempanelment/selection of respondents and remitting thematter to Chief Education Officer, Doda to examine thepetitioners’ and respondents’ Claims on their entitlement toselection and engagement as Rehbar-e-Taleem keeping inview the report of learned Deputy Commissioner as also thematerial that the petitioners and respondents may additionallyproduce before him to substantiate their respective claims forselection and engagement as Rehbar-e-lTaleem againstavailable vacancies.

The Chief Education Officer Doda to complete the|exercise of selection and engagement, within four months.

(J. P. SINGH)

JUDGE

JAMMU31.12.2012.Naresh/ Pvt. Secy.