Jammu & Kashmir High Court
Mansha Begum & Anr vs State Of J&K & Ors on 30 December, 2010
Author: J.P.Singh
Bench: J.P.Singh
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU SWP No. 1752 OF 2006 Mansha Begum & anr. Petitioners State of J&K & ors. Respondent !Mr. Roop Lal, Advocate. ^M/s Neeru Goswami, Dy.A.G & M. A. Bhat, Advocate. Honble Mr. Justice J.P.Singh, Judge. Date: 30.12.2010 :J U D G M E N T :
The petitioners-Mansha Begum and Phultaj were recommended for engagement as Rehbar-e-Taleem in the Upgraded Primary School, Morian by the Village Level Education Committee. The Panel prepared by the Committee was later substituted by another Panel of seven persons, which included M/s Sajda Kosar and Tahira Kosar, respondent Nos. 5 & 6. The petitioners did not, however, figure therein.
The dispute between the petitioners and respondent Nos.5 & 6 as to their entitlement to selection and engagement as Rehbar-e-Taleem came to be considered by the Deputy Commissioner, Rajouri, who opined that the candidates of hamlet Morian of Village Galuthi would also be eligible for engagement along with the residents of that part of hamlet Morian which was situated in Village Bhathian. Aggrieved by the decision of the Deputy Commissioner and claiming exclusive right of consideration to engagement as Rehbar-e- Taleem, to the residents of hamlet Morian falling in Village Bhathian, M/s Mansha Begum and Phultaj have approached this Court seeking 2 quashing of Deputy Commissioner, Rajouri's Communication No.HQA/DCR/816-18 dated 29.08.2006, besides a direction to the official respondents to consider them for engagement against available vacancies of Rehbar-e-Taleem in Middle School, Morian Village Bhathian.
It is not in dispute between the parties that the petitioners are residents of Hamlet Morian falling in Village Bhathian of Tehsil Thanamandi, and respondent Nos. 5 & 6 were residing in hamlet Morian falling in Village Galuthi of Tehsil Rajouri. The Affidavit of Deputy Commissioner, Rajouri, filed pursuant to the directions of the Court, indicates that Government Middle School, Morian falls in Education Zone Manjakote, Tehsil and District Rajouri and the building of Middle School, Morian, was located in Khasra No.30 (State Land) of village Bhathian in Tehsil Thanamandi of District Rajouri. The issue that, therefore, arises for determination in the Writ Petition is as to whether the petitioners, who are residents of hamlet Morian of Village Bhathian, alone were entitled to consideration for engagement as Rehbar-e-Taleem in Middle School, Morian or the residents of hamlet Morian falling in Village Galuthi, too were eligible to compete.
During the pendency of the Writ Petition, respondent Nos. 5 & 6 got engaged as Rehbar-e-Taleem in Government Primary School, Dharan and Government Middle School, Dharan. They, therefore, have no interest left in the engagement of Rehbar-e-Taleem in Middle School, Morian.
3M/s Mehmood Ahmed and Naim Kosar have, however, sought their impleadment as party respondents urging that being in the panel, they were interested in the issue raised by the petitioners in the Writ Petition, which, when decided, would affect their right to selection and engagement as Rehbar-e-Taleem in Middle School, Morian. Heard learned counsel for the petitioners, the State counsel as also the learned counsel appearing for Mehmood Ahmed and Naim Kosar.
On facts, it was not disputed by the learned counsel appearing for Mehmood Ahmed and Naim Kosar that they were residents of that part of hamlet Morian, which falls in Village Galuthi of Tehsil Rajouri and the petitioners belonged to that part of hamlet Morian, which fell in the jurisdiction of Revenue Village Bhathian of Tehsil Thanamandi. As the facts pleaded by the petitioners were not disputed by the learned counsel appearing for M/s Mehmood Ahmed and Naim Kosar, they were heard on merits of the petitioners Writ Petition because there was no necessity of getting their formal Response thereto. In view of the admitted facts, all that is required to be seen is whether being residents of a different Revenue Village, i.e, Village Galuthi, the residents of hamlet Morian falling in Village Galuthi were also eligible to compete for available vacancies of Rehbar-e-Taleem in Middle School, Morian, falling in Village Bhathian. To find the answer to the issue, reference needs to be made to the Rehbar-e-Taleem Scheme launched vide Government Order No.396- Edu of 2000 dated 28.04.2000 and Government Order Nos. 563-Edu of 4 2005 dated 24.08.2005, 394-Edu of 2006 dated 28.07.2006 and 288- Edu of 2009 dated 08.04.2009.
In terms of the Rehbar-e-Taleem Scheme and the Government Orders, referred to hereinabove, only those belonging to the Village where the School was located are eligible to compete for engagement as Rehbar-e-Taleem in the School.
The Village contemplated by the Scheme has been declared by the State Government vide its Order of 24.08.2005 to mean and always deemed to have meant a Revenue Village.
The School in question where the vacancies of Rehbar-e-Taleem have arisen, admittedly falls in hamlet Morian of Village Bhathian of Tehsil Thanamandi. Thus, according to the Scheme and the Government orders on the subject, only the residents of Village Bhathian would be entitled to compete for engagement as Rehbar-e- Taleem at Middle School, Morian.
The residents of that part of hamlet Morian which falls in another Village Galuthi of a different Tehsil, i.e, Rajouri, would have, thus, no right to consideration for engagement.
Deputy Commissioner, Rajouri's Communication impugned in the Writ Petition, whereby residents of hamlet Morian falling in Village Galuthi, too have been ordered to be considered for participation in the selection process is, thus, illegal being against the Scheme formulated vide Government Order No.396- Edu of 2000 dated 28.04.2000 and the Government orders issued in this behalf.
5The claim of M/s Mehmood Ahmed and Naim Kosar to engagement as Rehbar-e-Taleem in Middle School, Morian, is, therefore, untenable.
For all what has been said above, this Petition succeeds and is, accordingly, allowed quashing Deputy Commissioner, Rajouri's Communication No.HQA/DCR/816-18 dated 29.08.2006 whereby residents of hamlet Morian falling in Village Galuthi too were allowed participation for selection as Rehbar-e-Taleem. A direction shall, therefore, issue to respondent Nos. 1 to 4 to operate the earlier Panel in which the petitioners figured at Serial Nos.1 & 2, to consider them for selection and engagement as Rehbar-e- Taleem. Requisite orders shall be passed by the respondents in this behalf within a period of eight weeks.
( J. P. Singh ) Judge Jammu:
30.12.2010 Pawan Chopra*