Measurement points between 2 habitations should be boundaries: Full Bench

Excelsior Correspondent
JAMMU, Aug 24: The Full Bench of the State High Court comprising Chief Justice N Paul Vasanthakumar, Justice Muzaffar Hussain Attar and Justice Bansi Lal Bhat has held that during the appointment of ReT, the measurement points between the two human habitations of a revenue village would be the boundaries/peripheries of the two habitations and not the centre points of the two habitations.
This judgment has been passed in a LPA No.148/2013, which came up for consideration before the Letters Patent Bench of this court on March 20, 2014. The court directed the Registrar Judicial to make reference before the Chief Justice for constitution of Full Bench, as the Letters Patent Bench noticed that there is conflict between the judgments rendered in LPA No.59/2012 decided on 13.09.2012 and LPA No.135/2012 decided on 18.10.2012.
According to a case, one Mubeena Hassan filed a petition, which was decided by the Writ Court vide its judgment dated July 18, 2013. The writ petitioner-Mubeena Hassan responded to the advertisement notice issued by the Zonal Education Officer, Quil Muqam, Bandipora and sought consideration for being selected and engaged as Rehbar-e- Taleem (3rd Teacher) in PS, Panzigam.
The writ petitioner-Mubeena Hassan figured at top of the merit panel prepared by the Village Education Committee (VEC). The respondent Tahira Hussain in SWP No.1508/2011 projected her case by stating that the Revenue village comprise of two habitations, viz., Panzigam and Barzulla and the school where vacancy has to be supplied is located at Barzulla and she is to be considered for being engaged as Rehbar-e-Taleem (3rd Teacher) to the exclusion of writ petitioner-Mubeena Hassan.
Tahira Hussain had filed SWP No.1863/2009 which was decided on 06.12.2010 and respondent No.3 therein was directed to approach the Dy Commissioner, Bandipora for ascertaining actual distance between the two habitations viz. Panzigam and Barzulla of revenue village Panzigam. The Chief Education Officer, Bandipora was directed that after receipt of the report he shall take decision about the applicability or otherwise of Government Order No.288-Edu of 2009 dated 8th April 2009.
After receipt of the report, the Chief Education Officer, Bandipora took up the matter with the Director School Education. The Dy. Director (P&S) vide his communication dated 15.07.2011 informed the Chief Education Officer, Bandipora that it will be proper to measure the distance from centre of the village (habitation) and decide the case accordingly.

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