MOHD. AASIF KHAN Vs. STATE

JUDGEMENT

(1.) In pursuance to an Advertisement Notice No. Zeo/08/4189-91 dated 27.09.2008, issued by respondent No.4, for engagement of Rehbar-e-Taleem under Sarva Shiksha Abhiyan Scheme (here-in-after called the Scheme), petitioners being eligible under rules applied for the same. A panel was prepared by the Zonal Education Officer concerned. Thereafter, the Chief Education Officer, Ananrnag, issued a tentative select list dated 24th of April' 2009, in which the names of the private respondents 5 and 6 were shown to be as the selected candidates. It is the above selection of private respondents as Rehbar-e-Taleem under the Scheme, which is the subject matter of challenge in the present petition.

(2.) The case set up by the petitioners is that in view of the up-gradation of Primary School, Satrimaidan, two posts of Rehba r-e-Taleem teaching guides became available to be filled up under the Scheme. The basic qualification as per the Scheme was 10+2. The petitioners fulfilled the eligibility criteria, as such, applied for the said posts. It is stated that after the up-gradation of the said school, a representation was filed by the inhabitants of the erea which consists of more than 300 people that as the language used in the said village is Pastu, therefore, only those candidates may be considered for selection under the Scheme who know this language.

(3.) The grievance of the petitioners is that the said representation filed by the villagers was not considered and respondent No.4-Zonal Education Officer, Mattan, prepared a panel without consulting the Village Level Committee, which is mandatory in terms of the provisions of the Scheme. Thereafter, the impugned select list came to be issued by respondent No.3, whereby private respondents 5 and 6 have been shown to be selected as Rehbar-e-Taleem teaching guides. The said private respondents, as per the petitioners, are not the residents of Satrimaidan but of a different village, and as such, were not eligible to be considered against the posts, which became available in Primary School, Satrimaidan.