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| | | HC quashes ReT's appointment
Early Times Report
Jammu, May 18: The high court today quashed the appointment of aRehbar-e-Taleem Teaching Guide and issued directions for appointment of the petitioner. The ReT Guide was engaged by order of ZEO Ghat dated August 26, 2003. A single bench of the high court comprising Justice JP Singh took cognizance of a petition filed by one Tariq Mahmood. The petitioner sought engagement as educational volunteer in pursuance of notice No CEO/D/SSA/Advt./18643-75 dated 18.12.2002 for implementation of Sarva Shiksha Abhiyan for district Doda district.
In the meanwhile, additional positions of 3rd Teacher for primary schools on consolidated pay on Rehbar-e-Taleem pattern were created. Respondent Riaz Ahmad sought consideration for engagement against the newly created posts of 3rd Teacher pursuant to the Chief Education Officer's Advertisement Notice No. CEO/D/11246-347 dated 14.07.2003. Instead of considering respondent No.6 (Riaz Ahmad) for engagement as 3rd Teacher, the Zonal Education Officer, Ghat, ordered his engagement as Rehbar-e-Taleem -Teaching Guide for Primary School Bhatbagi vide his No. ZEO/G/758-61 dated 26.08.2003.
The petitioner sought judicial intervention seeking quashment of Riaz's engagement. He also sought a direction to the respondents to appoint him as ReT Guide for which he had applied.
The high court after hearting the petitioner and respondents held that the respondent Riaz Ahmad's appointment cannot be justified as he had neither applied for the post nor was otherwise eligible for such engagement.
Holding the engagement order of respondent Riaz arbitrary, illegal and unsustainable, the court rejected the plea of his counsel that he had put in five years of service and thus earned right to permanent employment in the state. "The respondent has deprived the petitioner of his constitutional right to employment", the court held and quashed the respondent's engagement. The court directed the authorities/respondents to appoint the petitioner within three months.
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