SHAZIA AZIZ Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Government has issued Government Order No. 1628-Edu of 2003 dated 24th October, 2003, in which, it is prescribed that in the case of Urban areas the unit for selection of Rehbar-e-Taleem (R-e-T) shall be a Ward as defined in the Jammu and Kashmir Municipal Corporation Act, 2000 and the Jammu and Kashmir Municipal Act, 2000 or Rules thereunder. It is further provided in the said Government order that for the purpose of selection of R-e-T, Ward Committees (analogous to the Village Committees) shall be constituted by the Director School Education, Kashmir/Jammu in accordance with the R-e-T Scheme. The Government order is taken note of:

(2.) The Chief Education Officer, Baramulla vide Order dated 17th February, 2012, accorded sanction to the opening of new primary schools in the school less Habitations under SSA Scheme. The school was to be opened in school less Habitation Lower Bandi. Advertisement notice was issued on 22nd March, 2012 by the Zonal Education Officer, Uri, wherein and whereunder applications were invited from desirous candidates of Habitation/Pati/Hamlet Lower Bandi Ward No. 03.

(3.) The appellant-writ petitioner was aggrieved of the aforesaid notification on the ground that at the time, the school was sanctioned, the entire village Lower Bandi constituted Ward No. 1, so the notification could be issued for Ward No. 1 and not for Ward No. 3. The Lower Bandi, by issuance of de-limitation notification came to be bifurcated into three Wards viz. Ward Nos. 1, 2 and 3.