Cancellation of habitation certificate by DC Rajouri: HC stays termination of R-e-T till further orders

in Jammu News by

Jammu, Oct 30: In a significant order Justice Janak Raj Kotwal of Jammu and Kashmir High Court (Jammu Wing) has stayed the  termination of RET teacher till further orders against whom the Directorate of School Education Jammu had issued a communication to the Chief Education Officer, Rajouri to terminate the services of Naseem Akhter W/o Ghulam Hussain R/o Village Kote (Thanamandi)  presently R-E-T teacher in Middle School Kote Kandian (Zone Thanamandi)  on the ground that she had procured the R-E-T job on a fraudulent habitation certificate which later came to be cancelled by the Deputy Commissioner, Rajouri.

After hearing Advocate Sheikh Shakeel Ahmed with Advocates Arshad Majid Malik and Sheikh Najeeb appearing for the petitioner whereas Senior Advocate D.C. Raina with Advocate Mazher Ali Khan appearing for caveator Waheed Ul Rehman S/o Muzaffar Khan R/o Village Kote (Thanamandi), Justice Janak Raj Kotwal observed that it is evident in terms of the impugned communication no. DSEJ/Legal/32665-66 dated 27.09.2017 that the engagement of the petitioner as R-E-T in MS kote Kandian in Village Kote (Thanamandi) is likely to be cancelled for the reasons that at the time of seeking  engagement she has produced certificate showing herself to be the resident of Mohra Kandian but later it has been found that the said village is not comprised of various Mohras and therefore, false certificate has been produced.

Justice Janak Raj Kotwal further observed that it needs to be pointed out that if the village is not comprised of different Mohras (habitations), in that case the engagement will have to be made on village basis and it does not appear that even in that case the petitioner will loose her entitlement and eligibility.

Advocate S.S. Ahmed with Advocate A.M Malik appearing for the petitioner submitted that even if the Mohra Certificate is ignored even then the petitioner is more meritorious then Waheed Ul Rehman and in January 2013 when the petitioner was engaged as R-E-T in MS Kote Kandian the Director School Education Jammu gave a prior approval after considering the objections filed by Waheed Ul Rehman the DSEJ concluded that the petitioner is more meritorious than Waheed Ul Rehman.

Advocate S.S. Ahmed further submitted that since January 2013, the petitioner is continuously and without any interruption serving as R-E-T and her case is fit for regularisation but at the behest of Waheed Ul Rehman the Directorate of School Education Jammu has issued directions to Chief Education Officer Rajouri to terminate the services of the petitioner.

Senior Advocate D.C. Raina with Advocate Mazhar Ali Khan appearing for private respondent Waheed Ul Rehman laid much emphasis on the cancellation of the habitation certificate and submitted that the Directorate of School Education  Jammu’s communication for termination is well founded and should not be stayed.

After hearing both the sides at length, Justice Janak Raj Kotwal observed that strong prima facie case for showing indulgence has been found and issued notices to Commissioner / Secretary School Education Department, the Director School Education Jammu, the Personnel Officer Directorate of School Education  Jammu, the Chief Education Officer Rajouri, the Zonal Education Officer Thanamandi and Waheed Ul Rehman. Justice Janak Raj Kotwal as an ad-interim and subject to the objections stayed the termination of the petitioner till further orders. JNF