Mansha Begum & Anr vs State Of J&K & Ors on 30 December, 2010

Jammu High Court
Mansha Begum & Anr vs State Of J&K & Ors on 30 December, 2010
       

  

  

 

 
 
 HIGH COURT OF JAMMU AND KASHMIR AT JAMMU             
SWP No. 1752 OF 2006    
Mansha Begum & anr.   
Petitioners
State of J&K & ors.
Respondent  
!Mr. Roop Lal, Advocate.
^M/s Neeru Goswami, Dy.A.G & M. A. Bhat, Advocate.   

Honble Mr. Justice J.P.Singh, Judge.
Date: 30.12.2010 
:J U D G M E N T :

The petitioners-Mansha Begum and Phultaj were recommended
for engagement as Rehbar-e-Taleem in the Upgraded Primary School,
Morian by the Village Level Education Committee.
The Panel prepared by the Committee was later substituted by
another Panel of seven persons, which included M/s Sajda Kosar and
Tahira Kosar, respondent Nos. 5 & 6. The petitioners did not, however,
figure therein.

The dispute between the petitioners and respondent Nos.5 & 6 as
to their entitlement to selection and engagement as Rehbar-e-Taleem
came to be considered by the Deputy Commissioner, Rajouri, who
opined that the candidates of hamlet Morian of Village Galuthi would
also be eligible for engagement along with the residents of that part of
hamlet Morian which was situated in Village Bhathian.
Aggrieved by the decision of the Deputy Commissioner and
claiming exclusive right of consideration to engagement as Rehbar-e-
Taleem, to the residents of hamlet Morian falling in Village Bhathian,
M/s Mansha Begum and Phultaj have approached this Court seeking
2
quashing of Deputy Commissioner, Rajouri’s Communication
No.HQA/DCR/816-18 dated 29.08.2006, besides a direction to the
official respondents to consider them for engagement against available
vacancies of Rehbar-e-Taleem in Middle School, Morian Village
Bhathian.

It is not in dispute between the parties that the petitioners are
residents of Hamlet Morian falling in Village Bhathian of Tehsil
Thanamandi, and respondent Nos. 5 & 6 were residing in hamlet Morian
falling in Village Galuthi of Tehsil Rajouri. The Affidavit of Deputy
Commissioner, Rajouri, filed pursuant to the directions of the Court,
indicates that Government Middle School, Morian falls in Education
Zone Manjakote, Tehsil and District Rajouri and the building of Middle
School, Morian, was located in Khasra No.30 (State Land) of village
Bhathian in Tehsil Thanamandi of District Rajouri.
The issue that, therefore, arises for determination in the Writ
Petition is as to whether the petitioners, who are residents of hamlet
Morian of Village Bhathian, alone were entitled to consideration for
engagement as Rehbar-e-Taleem in Middle School, Morian or the
residents of hamlet Morian falling in Village Galuthi, too were eligible to
compete.

During the pendency of the Writ Petition, respondent Nos. 5 & 6
got engaged as Rehbar-e-Taleem in Government Primary School,
Dharan and Government Middle School, Dharan. They, therefore, have
no interest left in the engagement of Rehbar-e-Taleem in Middle School,
Morian.

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M/s Mehmood Ahmed and Naim Kosar have, however, sought
their impleadment as party respondents urging that being in the panel,
they were interested in the issue raised by the petitioners in the Writ
Petition, which, when decided, would affect their right to selection and
engagement as Rehbar-e-Taleem in Middle School, Morian.
Heard learned counsel for the petitioners, the State counsel as
also the learned counsel appearing for Mehmood Ahmed and Naim
Kosar.

On facts, it was not disputed by the learned counsel appearing for
Mehmood Ahmed and Naim Kosar that they were residents of that part
of hamlet Morian, which falls in Village Galuthi of Tehsil Rajouri and the
petitioners belonged to that part of hamlet Morian, which fell in the
jurisdiction of Revenue Village Bhathian of Tehsil Thanamandi.
As the facts pleaded by the petitioners were not disputed by the
learned counsel appearing for M/s Mehmood Ahmed and Naim Kosar,
they were heard on merits of the petitioners Writ Petition because there
was no necessity of getting their formal Response thereto.
In view of the admitted facts, all that is required to be seen is
whether being residents of a different Revenue Village, i.e, Village
Galuthi, the residents of hamlet Morian falling in Village Galuthi were
also eligible to compete for available vacancies of Rehbar-e-Taleem in
Middle School, Morian, falling in Village Bhathian.
To find the answer to the issue, reference needs to be made to the
Rehbar-e-Taleem Scheme launched vide Government Order No.396-
Edu of 2000 dated 28.04.2000 and Government Order Nos. 563-Edu of
4
2005 dated 24.08.2005, 394-Edu of 2006 dated 28.07.2006 and 288-
Edu of 2009 dated 08.04.2009.

In terms of the Rehbar-e-Taleem Scheme and the Government
Orders, referred to hereinabove, only those belonging to the Village
where the School was located are eligible to compete for engagement
as Rehbar-e-Taleem in the School.

The Village contemplated by the Scheme has been declared by
the State Government vide its Order of 24.08.2005 to mean and always
deemed to have meant a Revenue Village.

The School in question where the vacancies of Rehbar-e-Taleem
have arisen, admittedly falls in hamlet Morian of Village Bhathian of
Tehsil Thanamandi. Thus, according to the Scheme and the
Government orders on the subject, only the residents of Village
Bhathian would be entitled to compete for engagement as Rehbar-e-
Taleem at Middle School, Morian.

The residents of that part of hamlet Morian which falls in another
Village Galuthi of a different Tehsil, i.e, Rajouri, would have, thus, no
right to consideration for engagement.

Deputy Commissioner, Rajouri’s Communication impugned in the
Writ Petition, whereby residents of hamlet Morian falling in Village
Galuthi, too have been ordered to be considered for participation in the
selection process is, thus, illegal being against the Scheme formulated
vide Government Order No.396- Edu of 2000 dated 28.04.2000 and the
Government orders issued in this behalf.

5

The claim of M/s Mehmood Ahmed and Naim Kosar to
engagement as Rehbar-e-Taleem in Middle School, Morian, is,
therefore, untenable.

For all what has been said above, this Petition succeeds and is,
accordingly, allowed quashing Deputy Commissioner, Rajouri’s
Communication No.HQA/DCR/816-18 dated 29.08.2006 whereby
residents of hamlet Morian falling in Village Galuthi too were allowed
participation for selection as Rehbar-e-Taleem.
A direction shall, therefore, issue to respondent Nos. 1 to 4 to
operate the earlier Panel in which the petitioners figured at Serial Nos.1
& 2, to consider them for selection and engagement as Rehbar-e-
Taleem. Requisite orders shall be passed by the respondents in this
behalf within a period of eight weeks.

( J. P. Singh )
Judge
Jammu:

30.12.2010
Pawan Chopra*

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