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2021 Supreme(SC) 554

STATE OF JAMMU AND KASHMIR – Appellant
Versus
SHAHEENA MASARAT – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Taruna Ardhendumauli Prasad, AOR Mr. Parth Awasthi, Adv.
For the Respondent(s): Ms. Manjula Gupta, AOR Ms. Nidhi, AOR

JUDGMENT :

L. NAGESWARA RAO, J.

1. Rehbar-e-Taleem (Re-T) scheme was floated by the State of Jammu and Kashmir on 28.04.2000 for promoting and decentralizing management of elementary education with community participation and involvement. The further object of the scheme was to ensure accountability and responsiveness through a strong backup and supervision through the community and to operationalize effectively the schooling system at the grass roots level. According to the scheme, teaching guides (referred to as ‘Re-T’ hereinafter) in primary and middle schools were to be appointed to cover for the deficiency of the staff as per existing norms. An advertisement was published in daily newspaper ‘Aftab’ on 29.11.2002. According to the scheme and the advertisement, a candidate seeking appointment as Re-T should be a permanent resident of the State and belong to the village where the deficiency of the staff was assessed. He/she should possess the minimum qualification of 10+2 and the candidate should ‘as far as possible’ fulfill the age qualification as prescribed by the State Government. The selection under the scheme for the primary school at Bundook Khar Mohalla Rainawari was conduc

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