MOHD ARIF Vs. STATE

JUDGEMENT

(1.) THE petitioners were engaged as Education Volunteers in Seasonal Camps at different Dhoks to provide educational support to Nomadic children during their migration to upper reaches and temporary stay thereat, on temporary basis, under AIE component of Sarva Shikhsha Abhiyan, a Central Government Scheme to provide education to rural masses. Their temporary engagement on contractual basis had to terminate with the end of the season for which they were engaged. This, however, does not appear to have happened and the State-respondents continued to engage them even after the termination of their initial engagement.

(2.) THEY continued working as such from 2005 onwards in Dhoks/Bheks (seasonal schools) in zone Darhal, Gurez, Bandipora, Quilmuqam, Kangan, Harigangman, Drass, Tab, Shopian, Tral, Sathra, Surankote, Buffaliaz, Thanamandi, Peeri, Tangmarg, Hajan, Magamkhag, Uri, Largam, Verinag, Keegam Mandi, Kalakote, Pulwama.

(3.) IT is not disputed by the petitioners' learned counsel that the petitioners too had participated in the Selection process and names of some of them appear in the Merit List. According to the petitioners' learned counsel, having been engaged pursuant to a selection process, the petitioners' services are required to be continued until the AIE component of SSA Scheme continues to operate and there was need to provide educational support to the Nomadic children. He says that the petitioners have acquired right to permanent engagement because of the services rendered by them during the period of their temporary engagement.