1. The basic question involved in this batch of writ petitions is, Whether the qualification of `Adeeb-E-Kamil acquired from Jamia Urdu, Aligarh is equivalent to graduation for the purposes of employment under the Rehbar-e-Taleem Scheme in the State of Jammu & Kashmir?"

2. In the State of Jammu & Kashmir the Government introduced the Scheme called Rehbar-e-Taleem for the purposes of meeting the staff deficiency existing in the schools located at difficult, inaccessible and far-flung areas, where the teachers posted from other places ordinarily would not attend their duties regularly. The objectives sought to be achieved were;

(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 gross roots level.

3. The scheme envisaged the engagement of Rehbar-e-Taleem guides/teachers locally. The eligibility prescribed was that the candidate should be a permanent resident of the State. He or she should belong to the village where there is assessed deficiency of staff. On the certification of Village Level Committee that no local candidate from within the village was available, a person from the adjoining village could be appointed. He or she should possess the minimum qualification of 10+2 and should have as for as possible fulfill the age qualification as prescribed by the State Government. The due consideration was to be given to the Scheduled Castes and Scheduled Tribe candidates. Vide Order No.l670-Edu of 2003 dated 24.11.2003 on finding that the objective sought out by the scheme stood accomplished, the Government stopped the process of filling up the vacancies of teachers in the schools through the scheme and directed that the posts created under Sarv Shiksha Abhiyan for new primary schools, upgraded primary schools and EGS centres and those of third teacher for innovative activities shall be filled up through the medium of Rehbar-e-Taleem Scheme by the Directors of School Education in their respective areas of jurisdiction. It also provided that the number of available posts of regular teachers shall be worked out by the respective Directors of School Education and communicated to the Administrative Department for being referred to the prescribed authority for selection. For the post of third teacher created for teaching English in the primary schools the Government vide Order No.l4003-Edu of 2003 dated 22.8.2003 prescribed the minimum qualification to be a graduation degree.

4. The writ petitioners after having acquired the qualification of `Adeeb-E-Kamil from Jamia Urdu, Aligarh, applied for various posts advertised under the above scheme. The respondents, however, did not treat the qualification of `Adeeb-E-Kamil as equivalent to the graduation level qualification, as such did not consider the petitioners for engagement. Feeling aggrieved by their non-consideration, the petitioners have filed the present writ petitions.

5. Undisputedly, before this controversy arose, the respondents have been offering appointments to the candidates possessing the qualification of `Adeeb-E-Kamil by treating the same to be equivalent the qualification of graduation. The question whether `Adeeb-E-Kamil is equivalent to graduation also arose in SWP No.531/2005, entitled Mohd. Jamil vs. State of J&K. Vide order dated 30.5.2005 the writ petition came to be disposed of in terms of the following observations:

"As it is not disputed that the petitioner is not (sic) possessing the qualification of Adeeb-E-Kamil, therefore, Director School Education, Jammu, respondent No.2, is directed to consider as to whether the qualification possessed by the petitioner is equivalent to graduation and in case the qualification possessed by the petitioner is found to be equivalent to B.A. (Graduation), he may be considered for the post of RET teache

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