Rattan Singh vs State Of J&K And Others

Sanjeev Kumar, J

In this petition, petitioner has prayed for writ of mandamus to direct respondents to consider his appointment to the post of Rehbar-e-Taleem in Government Primary School, Trugal.

The case set up by the petitioner, in short, is that pursuant to notification issued by the respondents on 22.07.2005 for filling up the post of EV/Para teacher in EGS Centre, Trojal, the petitioner submitted his application form for consideration. He came higher up in the merit but was not offered formal appointment/engagement. Having failed to persuade the respondents to issue formal order of his engagement as Para Teacher in EGS Centre Trugal, the petitioner filed the instant petition, whereunder, he inter alia, sought a direction to the respondents to consider him for appointment as ReT in the Government Primary School, Trugal which had, subsequently, been sanctioned for the village.

Respondents have filed their objections and the stand taken by the respondents is that, though there is no dispute that the petitioner was most meritorious amongst the candidates who had applied for engagement as Para Teacher in EGS Centre Trugal yet before a formal order in his favour could be issued, a new Primary School came to be sanctioned for village Trugal under Sarv Shiksha Abhiyan Scheme. It is thus, submitted that because of coming up of Government Primary School in village Trugal, the proposal to operationalize an EGS Centre in Trugal was not given effect to. It is, thus, submitted that the petitioner because of being in the merit panel does not acquire any vested right to be appointed or engaged, more so, when there is no EGS centre in existence in village Trojal.

Having heard the learned Senior counsel for the petitioner and learned AAG for the respondents and perused the material on record, I am in agreement with the stand taken by the respondents.

It is true that the petitioner, because of being most meritorious, was entitled to be engaged as Para Teacher in EGS Centre Trugal. However, before a formal order of engagement could be issued by the respondents, there was an important development, that is, establishment of Government Primary School, Trugal under Sarva Siksha Abhiyan Scheme (SSAS). The establishment of Govt. Primary School under SSAS, obviously obviated the necessity of opening EGS Centre in the same village. It is because of this reason, EGS Centre Trugal could not be made operational and this sealed the fate of the petitioner. As is rightly argued by learned counsel for the respondents that mere selection does not confer right of appointment and the appointing authority, may for good reasons, refuse to appoint the selected candidate, but such reasons must be in conformity with Article 14 and 16 of the Constitution. The reasons put forth by respondents not to operationalize EGS Centre at Trugal and consequently, denying the engagement to the petitioner qualify the test of reasonableness and fairness envisaged under Article 14 of the Constitution.

For the aforesaid reasons, I find no merit in this petition. The same, is accordingly, dismissed.