SRINAGAR: The High Court has directed the government to engage a Rebar-e-Taleem (ReT) aspirant, who had failed to produce her Permanent Residence Certificate at the time to application as it was under process, within one month.
The petitioner Rifat Ara had applied for ReT teacher post at Primary School Mirpora Sheikh Mohalla in 2012 but was not considered because of not having a PRC at the time. She had, however, applied for a PRC and informed the officials about it.
Hearing the petition, Justice Ali Mohammad Magrey remarked that as per the settled principles of law, a person earns the status of being a resident of a particular place “not because of holding a certificate in his hand but because of actually being the resident of that area”.
“An aspiring candidate cannot be denied consideration for his/her selection and engagement merely because the authorities did not certify his/her residential status within the prescribed time. The said certificate can also be produced afterwards. In the present case the petition had applied for issuance of PPRC on 8.12.12, which fact
was in the knowledge of the respondents, and subsequently she also got the certificate, therefore, the denial of her right of consideration for selection and engagement has surely caused the miscarriage of
justice,” Justice Magrey said.
The court observed that by no standard of imagination it can be said that the petitioner has failed to prove that she is the resident of the area where the ReT position was required to be filled up, therefore, petitioner established her eligibility for the post in question beyond any shadow of doubt.
Therefore, for advancing the cause of justice, the court said, it would be appropriate for the respondents to engage the petitioner as ReT against the available vacancy; in case of non-availability of vacancy, she shall be appointed against the post of ReT in overall vacancy position.
The exercise of engaging the petitioner as ReT shall be ensured after completing all the requisite formalities within a period of one month from the date copy of the order is served upon them, the court said.