MOHD MAQBOOL MIR Vs. STATE

JUDGEMENT

(1.) UNDER the Central Scheme of Serva Shikhsha Abhiyan as many as 12 Primary Schools of Mattan were selected for being provided with the services of Rehbar -e -taleem in accordance with the criterion laid down under different Govt. orders and notifications etc. issued from time to time, according to which the whole village where the earmarked school was located was to be taken as the basic Unit for selection of candidates under the scheme, and not a particular mohalla or area thereof, and those having Post Graduation were to have preference over the graduates including B.Ed, with merit to be assessed in accordance with percentage of marks obtained in the academic degree. Under the aforesaid criterion, respondents 7 and 8 were selected for appointment as Rehbar -e -taleem for a primary school of village "Mattan" located in "Mir Check" Mohala and accordingly included in the provisional list of select candidates circulated by Dy Commissioner through a Local Daily, inviting objections thereto.

(2.) FEELING aggrieved thereby, petitioner challenges the selection of said respondent as such on the ground that they were not the locals o Mir Check where the school was located, but Machbawan, which, as per notification issued by the Govt., had been included in the notified area, declared to be so u/s 283 of the Municipal Act; while Mir Check was not so included in the said area, and that being so, the aforesaid respondents could not fall within the consideration zone as being residents of a notified area and not the concerned village; and as such he alone fell within the consideration zone as being a native of Mir Check where the school is situated. Relying upon the eligibility criteria as laid down under the scheme, the petitioner contends that after its inclusion in the notified area, the village Machbawn where respondents 7 & 8 reside, ceased to be a part of the village where the school is situated, because with its declaration as a notified area the village shrinks down to the boundaries of Mir Check only, within which, he being the highest qualified person, acknowledged as such by the concerned Village Level Committee, was the only person eligible for appointment as RT in the said school while respondents 7 and 8, who admittedly possess Post Graduation degree along with B.Ed, did not fall within the local area as indicated and would, not come within the consideration zone, hence not be eligible for being appointed as RT in the aforesaid school. In combination of all these contentions, the petitioner challenges the provisional select list aforesaid and seeks to have it quashed, along with a direction to the respondents for his engagement as RT in the said School.

(3.) IN their objections, the respondents, while defending inclusion of respondents 7 and 8 in the provisional select list aforesaid have also pleaded that they were the two candidates with highest merit within the zone of selection, which covered the whole area of village Mattan, and as such were selected purely on the basis of merit, while the petitioner was dropped as being far down below them in order of merit at serial No. 6t. During course of hearing, Id. Counsel besides reiterating the contents of their respective pleadings and materials annexed therewith also agreed that the matter could be finally considered in light of material in record wherein no further addition or improvement is expected and accordingly the matter is taken up for final disposal.