STATE TIMES NEWS
JAMMU: In a landmark judgment Justice Alok Aradhe of Jammu Kashmir High Court (Jammu Wing) has quashed the appointment of Banarsi Lal, son of Isher Dass, resident of Kotli Manotrian, Tehsil and District Reasi who had been appointed as Rehbar-e-Taleem 3rd Teacher in Govt. Primary School, Julla (Village Karua) and regularised as General Line Teacher vide order No.ZEP/Rsi/2470-2524 dated 13th April, 2010.
After hearing Advocate Sheikh Shakeel Ahmed with Advocate Irfaan Mohd. Khan for petitioner Yog Raj, son of Tara Mani, resident of Village Karua, District Reasi and AAG Ravinder Gupta appearing for Education Department, Justice Alok Aradhe while quashing the appointment of Banarsi Lal directed the Education Department to consider the candidature of the petitioner for appointment on the post in question as per the qualification prescribed in the Advertisement dated 27th December, 2002 and further directed that this exercise be concluded by the competent authority within a period of two months from the date of receipt of the certified copy of the order.
After considering the contentions, Justice Alok Aradhe observed that from perusal of record, it is evident that the process of selection was set in motion by issuing an advertisement on 27th December, 2002 and in the advertisement the qualification mentioned was Higher Secondary School Examination and after the process of selection had commenced, the State Government issued an order dated 22nd August, 2003 by which it was provided that minimum qualification for appointment on the post of 3rd Teacher shall be a Graduate Degree.
Justice Alok Aradhe further observed that the aforesaid order dated 22nd August, 2003 was stayed by a Bench of this Court by an interim order dated 3rd October, 2003 passed in SWP No.1864/ 2003 and the respondents were directed to consider the candidature of the petitioner. However the respondents instead of considering the candidature of the petitioner, appointed Banarsi Lal on the post in question.
Justice Alok Aradhe further observed that once the selection process had commenced the criteria for selection cannot be changed mid-way and also rejected the prayer of AAG Ravinder Gupta for production of record on the ground that the writ petition is pending since 2003.
With these observations and directions, Justice Alok Aradhe quashed the appointment of Banarsi Lal who had been appointed as Rehbar-e-Taleem 3rd Teacher in Govt. Primary School, Julla (Village Karua) and regularized as General Line Teacher vide order No.ZEP/Rsi/2470-2524 dated 13th April, 2010.
