Process of selection of ReT needs to be made on the basis of Revenue Villages: HC

17/01/2018

JAMMU, Jan 16: J&K High Court while allowing the writ petition, seeking to quash the selection of Private Respondent Rashi Sharma directed the Official Respondents (School Education Department) to proceed and conduct the selection process afresh on the basis of Revenue Village.
“Legal position is, thus, clear too. If the habitation of a Revenue Village in which the school in question is located does not fulfill the twin requirement under Government Order 288-Edu Of 2009 or no suitable candidate from that habitation is available the zone of consideration shall be extended to entire Revenue Village. The zone of consideration in such a situation cannot be extended and restricted to the adjoining habitation", held the High Court.
An advertisement notice No. 03 of 2011 came to be issued inviting applications from eligible candidates for the post of Rehar-e-taleem teaching guide inter alia for Govt. Primary School, Drubdi. The Official Respondents prepared a panel in which the name of Private Respondent No. 5 - Rashi Sharma figured at Serial No. 1 and that of Petitioner at Serial No. 2. After applying Govt Order No 288-Edu. Of 2009 dt. 8.4.2009 the Private Respondent No. 5 came to be selected by limiting the selection to the candidates belonging to the habitation of Drubdi and Banotra as one habitation and on the basis of a population certificate issued by the Block Development Officer and countersigned by the Tehsildar Jammu.
The petitioner having realized that the Official Respondents have wrongly limited the selection process to the habitations of Drubdi and Banotra by treating them as one habitation even when the distance between the said two habitations was not one kilometer as was the requirement in terms of Govt. Order No. 288 of 2009, challenged the selection of Private Respondent No. 5 through Dinesh Singh Chauhan, Advocate. Sh. Ravinder Gupta, AAG appeared on behalf of School Education Department.
Justice Dhiraj Singh Thakur, while allowing the writ petition observed that "Since the Government Order No. 288 of 2009, is inapplicable in the present case as it fails the test of distance, the necessary implication is that the selection ought to have been made on the basis of the Revenue Village. This would also benefit the system as also improve the level of education in the school for which the selection is to be made as the best candidates available in the Revenue Village would be inducted in the selection process and accordingly selected.” JNF

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