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Judgment
Respondent No. 3 vide his Advertisement Notification dated 28.05.2011 invited applications for appointment of Rehbar-e-Taleem (ReT) for various schools of different Zones of District, Kathua. One post of ReT in the New Primary School (NPS), Danoh Bassian was also notified in the Education Zone, Marheen for appointment in the aforesaid school. In the Advertisement Notification, the school NPS, Danoh Bassian was indicated to be falling in Village, Danoh. Accordingly, the eligible candidates belonging to the habitation Danoh submitted their application forms. Accordingly, a select panel of two candidates belonging to habitation, Danoh Bassian was prepared on the basis of their merit.
Aggrieved, the petitioner, who belongs to revenue village, Chhan Arorian, has filed this instant petition. The grievance projected by the petitioner in this petition is that Danoh is not a revenue village but a habitation of revenue village, Chhan Arorian and therefore, all eligible candidates belonging to revenue village Chhan Arorian should have been invited to apply for the post of ReT available in NPS, Danoh Bassian. It is categorical case of the petitioner that she was misled by the Advertisement Notification, whereby the school NPS, Danoh Bassian was indicated to be falling in village, Danoh.
Respondents have filed their objections in which stand taken is that in response to Advertisement Notification in question, the respondent No. 3 has received as many as 15 application forms from the candidates belonging to the ward/habitation Danoh Bassian and on the basis of inter se merit, two candidates are placed in the tentative merit panel. It is also stated by the respondents in their objections that since the petitioner has not applied for the post in question, as such there is no question to consider her candidature and oust her in the panel, which was prepared on the basis of revenue village.
I have heard learned counsel for the parties and perused the record produced by the respondents.
It is not in dispute that the Danoh Bassian is only a ward or habitation of revenue village, Chhan Arorian. It is not the case of the respondents that the panel has been prepared by taking the Danoh as a habitation in terms of Government Order No. 288-Edu of 2009 dated 08.04.2009. That being the position, the mentioning of the habitation "Danoh" under the column "village" was clearly misleading. It is because of this reason, only those candidates, who were residents of habitation, Danoh Bassian only responded and their application forms were received. It may be true that respondents may be rejected the application form of the petitioner for the reason that she was not the resident of habitation, Danoh Bassian. Since it is not in dispute that Danoh Bassian is a part of revenue village, Chhan Arorian, as such unless the Government order dated 08.04.2009 (supra) is applicable, all eligible candidates belonging to the revenue village, Chhan Arorian are entitled to be considered.
I have carefully perused the record produced by the respondents to find out as to whether any candidate other than candidates of habitation, Danoh Bassian has submitted his/her application form. On perusal of the record, I have found that 15 application forms have been submitted by the candidates belonging to ward/habitation, Danoh Bassian and there is not a single form from other habitations of revenue village, Chhan Arorian. It is because of this defect in the Advertisement Notification, the eligible candidates of revenue village, Chhan Arorian have been misled.
In view of this and for the reasons stated above, this petition is allowed and the impugned Advertisement Notification dated 28.05.2011 issued by the respondent No. 3 insofar as it pertains to filling of one post of ReT in NPS Danoh Bassian is quashed. Respondents shall be at liberty to issue a fresh advertisement notice indicating clearly the name of the revenue village concerned, that is, village, Chhan Arorian and to invite applications from the eligible candidates belonging to that revenue village so that process is concluded without any further waste of time. It would be appropriate if a fresh advertisement notice in this regard is issued within a period of four weeks from the date a certified copy of this order is supplied to the respondents and process of selection is concluded within two months thereafter.
Record produced by the learned AAG is returned to him in the open court.
Disposed of.