Krishna Devi vs Ut Of J&K And Others
2023 Latest Caselaw 532 j&K

                                                                 Sr. No. 107

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                      WP(C) No. 691/2023

Krishna Devi                                     .... Petitioner/Appellant(s)

                        Through:-   Mr. Bodh Raj Sharma, Advocate

                  V/s

UT of J&K and others                                      .....Respondent(s)

                        Through:-   Mr. Sanchit Verma, Advocate vice
                                    Mr. Raman Sharma, AAG

CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
                                ORDER

A short submission made by the petitioner is that the respondent No. 2

has not selected the petitioner for the post of ReT teacher in Primary

School Mahichak Tehsil and District Kathua and instead, appointed

respondent No. 5 on the basis of some fabricated document.

Learned counsel for the petitioner with a view to substantiate his

claim has also referred to some enquiry report communicated by the

respondent No. 3 in compliance with the directions issued by this Court in

SWP No. 2309/2016, whereby, it is reflected in the report that the selected

candidate Seeman Bano is not a resident of village Mahichak and despite

that, the selection of respondent No. 5 has not been cancelled by the

official respondents.

The further case of the petitioner is that the respondent No. 5 has

applied for the post of ReT teacher on the basis of a forged document and

got appointment order by illegal means. The petitioner has filed various

representations before the authority for conduct of enquiry against

respondent No. 5. The Deputy Commissioner, Kathua has also directed

SSP, Kathua to conduct the verification with regard to the PRC certificate

of the respondent No. 5 and the Assistant Commissioner, Revenue,

Kathua after conducting the enquiry, has passed a detailed order dated

18.09.2010 and found that the documents of respondent No. 5 are forged

and certificate issued by the concerned Tehsildar Kathua, on which, the

appointment of respondent No. 5 has been made is not based on facts and

needs to be quashed.

The further case of the petitioner is that the said decision of the

Assistant Commissioner Revenue, Kathua was challenged by the said

respondent No. 5 by way of filing of writ petition bearing SWP No.

2324/2010 and the interim directions has been passed.

The further case of the petitioner is that the present petition is by way

of second round of litigation and in earlier round of litigation, the

petitioner has already preferred a writ petition bearing SWP No.

2309/2016 and this Court vide order dated 09.05.2016 disposed of the writ

petition by directing the official respondents to conclude the enquiry

within a period of two months. The further case of the petitioner is that the

respondents have not complied the direction passed by this Court in SWP

No. 2309/2016 and feeling aggrieved of the same, the petitioner has also

filed contempt petition, which was registered as COA No. 175/2017 and

the same stood disposed of on 25.05.2018.

Learned counsel for the petitioner further submits that the petitioner

has also filed a detailed representation before the Director School

Education on 07.06.2016 for quashing of the said enquiry committee

constituted by the concerned CEO, but till date, the said representation has

not been accorded consideration and feeling aggrieved of the same, the

petitioner has filed the present writ petition seeking quashing of the

appointment order of respondent No. 5 issued by respondent No. 2 for the

post of ReT Teacher under SSA No. ZEOB/SSA/120-123 dated

10.05.2010, besides seeking a direction against the respondents to appoint

the petitioner as ReT Teacher in Primary School Mahichak Tehsil and

District Kathua.

Heard learned counsel for the petitioner at length and perused the

record.

On asking of the Court, Mr. Sanchit Verma, learned counsel appearing

vice Mr. Raman Sharma, learned AAG for the respondents waives notice

on his behalf.

The case of the petitioner is covered by the judgment passed by the

Division Bench of this Court in SWP No. 3004/2018 titled "Ruksana

Jabeen Versus State of J&K and others" along with connected matters

decided on 04.02.2023 and, as such, the respondents are directed to accord

consideration to the case of the petitioner strictly in conformity with the

judgment passed by the Division Bench of this Court and take a decision

within a period of four weeks from the date a copy of the writ petition

along with annexures are made available to them.

The writ petition is, accordingly, disposed of.

(WASIM SADIQ NARGAL) JUDGE

Jammu 18.03.2023 Vishal