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2019 Supreme(SC) 2287

D.Y.CHANDRACHUD, AJAY RASTOGI
Meena Sharma – Appellant
Versus
State Of Jammu And Kashmir – Respondent


Advocates Appeared:
Mr. Gourab Banerji, Advocate Mr. Rohit Kapoor, Advocate Mr. Sahil Tagotra, Advocate Ms. Raka Chatterjee, Advocate Mr. Mohit Pandey, Advocate for the Appellant; Mr. G.M. Kawoosa, Advocate Mr. M. Shoeb Alam, Advocate Mr. Navyug Sethi, Advocate Mr. P. D. Sharma, Advocate for the Respondent

JUDGMENT

D.Y. Chandrachud, J. - Leave granted.

2. This appeal arises from a judgment of a Division Bench of the High Court of Jammu and Kashmir dated 31 December 2018. The High Court upheld a judgment of a learned Single Judge dated 15 December 2014 setting aside the appointment of the Appellant under a scheme called the Rehbar-e-Taleem [1] Scheme. The learned Single Judge directed the State to consider the case of the fifth Respondent, for her appointment as an RET in the Government Middle School, Bakore.

    [1] "RET"

3. The RET Scheme was notified by the State Government on 28 April 2000. Some of the salient features of the Scheme are extracted from the judgment of the High Court:

    Sanction is accorded to launching of the Scheme of Rehbar-e-Taleem" with the objective of:

    a. Promoting the decentralized management of elementary education with the community participation and involvement.

    b. To ensure accountability and responsiveness through a strong backup and supervision through the community.

    c. To operationalize effectively the schooling system at the grass roots level.

    The scheme shall be effectuated for provision of services of Teaching guides called "Rehbar-e-Taleem" in the Prima

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