GEETA DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) Vide notification No.09 of 2013 dated 01.11.2013 the respondent No.3 invited applications for filling up of regular vacancies of teachers in socially and educationally backward areas and in the areas near Line of Act ual Control on the pattern of Rehbar-e-Taleem by engagement of Rehbar-e- Taleem Teachers. The advertisement notice was purportedly issued in pursuance of Government Order No.522-EDU of 2013 dated 08.05.2013. As is evident from the perusal of the advertisement notification, only eligible candidates from the revenue villages/village where the schools were functioning were entitled to apply. It was, however, specifically mentioned that the selection would be made in terms of Government Order No.288-Edu of 2009 dated 08.04.2009 wherever applicable. The appellants are, however, concerned with seven posts notified for selection in Girls High School, Pallanwala and four for Middle School, Pallanwala.

(2.) The appellants claiming to be residents of village Pallanwala and being otherwise eligible in terms of the advertisement notification submitted their application forms for the aforementioned eleven posts of teachers to be filled up as Rehbar-e-Taleem in twin schools of village Pallanwala. At this stage, it may be noted that the revenue village Pallanwala comprised of two panchayat halqas i.e., Panchayat Halqa Upper Pallanwala and Panchayat Halqa Lower Pallanwala. It is admitted by the parties that two schools in question i.e., Girls High School and Middle School are situated in Panchayat Halqa Lower Pallanwala. As has come out from the official record produced before this Court, there are two other schools, namely, Middle School Bandowala and Primary School, Thangar situated in Panchayat Halqa Upper Pallanwala of the revenue village Pallanwala. In the aforesaid schools also respondent No.3 vide notification No.07 of 2013 dated 08.10.2013 had invited applications for engagement of Rehbar-e-Taleem Teachers; three for Bandowala and one for Primary School, Thanger.

(3.) Although, from the pleadings of the parties, it is not clear as to whether Zonal Education Officer concerned prepared panels for the aforesaid schools by taking the revenue village as unit of selection or the same were prepared on panchayat basis. From a careful scrutiny of records, we find that the merit panels were prepared separately, i.e., one for Middle School, Bandowala and Primary School, Thanger and the other for Girls High School, Pallanwala and Middle School, Pallanwala. As per the guidelines issued by the Government from time to time pertaining to the engagement of Rehbar-e- Taleems, the panel in all the aforesaid schools should have been prepared on revenue village basis and in case it was found that the provisions of Government Order No.288-Edu of 2009 dated 08.04.2009 were attracted, the panel should have been prepared on habitation basis. There is, however, no scope in the Rehbar-e-Taleem Scheme for making any engagement on panchayat basis, that too when the revenue village is a bigger unit than the panchayat, as is the case in hand. Be that as it may, it is now apparent from a perusal of the record produced before us by the respondents that the Zonal Education Officer, Khour prepared two separate panels, one for Middle School, Bandowala and Primary School, Thangar and the other for Girls High School, Pallanwala and Govt. Middle School, Pallanwala at panchayat level. While preparing the panel for the twin schools of Girls High School, Pallanwala and Govt. Middle School, Pallanwala, candidates belonging to panchayat Halqa Upper Pallanwala, who had been considered pursuant to notification No.07 of 2013 dated 08.10.2013 for Middle School, Bandowala and Primary School, Thanger were excluded from consideration. Accordingly, the merit panel of all 36 candidates who had applied pursuant to Notification No.09 of 2013 was prepared. The Zonal Education Officer, Khour after proper verification and getting the merit panel signed by the members of Village Education Committee drew the panel of 11 candidates on the basis of inter-se merit. The said panel was displayed for objection from the general public from 04.12.2013 to 10.12.2013 but no objections were received within the stipulated period. In the meanwhile, candidate figuring at serial No.9 of the tentative select panel withdrew his candidature and was replaced by Ms. Mamta Devi by the Zonal Education Officer. It was also found by the Zonal Education Officer concerned that the provisions of Government Order No.288-Edu of 2009 dated 08.04.2009 were not applicable. As is the stand of the respondents which is also borne out from the official records, there was some resentment in different quarters with regard to the manner in which the select panel had been prepared. The public of the area demanded preparation of the select panel on habitation basis by applying Govt. Order No.288-Edu of 2009 dated 08.04.2009. Taking cognizance of the large scale resentment and acting purportedly in larger public interest, respondent No.3 withdrew all the three advertisement notifications including advertisement notification No.09 of 2013 vide notice No.DIP/J-7962/14 which also appears to have been published in some newspaper but neither the name of the newspaper nor date of its publication is coming forth from the aforesaid notice, though the copy whereof is appended by the appellant with their writ petition as Annexure-O and the same is also available in the official record.