SWEETY SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against judgment dated 07.09.2012 rendered by the learned Single Judge in SWP no. 1549/2005. The writ petition was initially filed by two persons but the instant appeal has been preferred only by one of the two namely Sweety Sharma.

(2.) ACCORDING to the learned Single Judge the petitioner ceased to be a resident of Village Khojipur and was married to a person at a far off place. The post of Rehbar-e-Taleem was advertised and needed to be filed for the Middle School Khojipur Tehsil Bishnah. The learned Single Judge found that once the appellant-writ petitioner ceased to be resident of the village where the post was required to be filled then she has lost the right of consideration for engagement as Rehbar-e- Taleem. Under the Sarv Shiksha Abhiyan (SSA) scheme it is an essential condition that an applicant is resident of the hamlet/village where the school is situated and the post of Rehbar-e-Taleem is to be filled. The object of the scheme is universalization of elementary education and the Rehbar-e- Taleem is drawn from the locality where the school is established so that the services of the teacher continues to be available to the students round the clock. It also facilitates the teacher to attend to their duties conveniently. The learned Single Judge has maintained that for the aforesaid reason even a more qualified and more meritorious candidate of an adjoining hamlet/village has not been given right to compete for the position as a Rehbar-e-Taleem available in a remote school.

(3.) HAVING heard the learned counsel for the appellant we are of the considered view that the opinion expressed by the learned Single Judge does not suffer from any legal infirmity. We are in agreement with the reasoning adopted by the learned Single Judge. On facts also it could not be argued that after marriage the appellant continues to stay at Khojipur and it is not possible to believe. Moreover the writ petition was filed in the year 2005 whereas the cause of action has arisen in the year 2000. It is well settled that for filing of a writ petition the time limit which is engrafted for filing of suit would be applicable. The maximum period for filing of a writ petition, therefore, has been held to be 3 years by the Constitution Bench of Hon 'ble the Supreme Court in case of State of Madhya Pradesh and anr v. Bhailal Bhai AIR 1964 SC 1006.