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2004 Supreme(J&K) 253

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Y.P. Nargotra, J.
Ranjat Sharma - Appellant
Versus
State & Ors. - Respondent
SWP No. 2014/2003
Decided On : 06 September, 2004

Advocates Appeared:
Advocate For Appellant: Sunil Sethi
Advocate For Respondent: Neeru Goswami
Advocate For Respondent: R.K. Bhatia

The central legal point established is that for appointment under the Rehbar-e-Taleem scheme, belonging to the village was deemed sufficient, and actual residence in the village was not a mandatory requirement.

Headnote:

Rehbar-e-Taleem - Residence Eligibility - [Government Order No. 396-Edu of 2000] - [Summary of the acts and sections referenced and discussed by the court]

Fact of the Case:

The petitioner challenged the selection of respondent No. 6 for appointment as a teacher under the Rehbar-e-Taleem scheme, based on the residency eligibility criteria.

Finding of the Court:

The court found that the eligibility criteria did not explicitly require actual residence in the village, and held that belonging to the village was sufficient for consideration for selection and appointment.

Issues: The main issue was the interpretation of the residency eligibility criteria under the Rehbar-e-Taleem scheme.

Ratio Decidendi: The court interpreted the word 'belong' in the eligibility criteria and concluded that actual residence in the village was not necessary for selection and appointment under the scheme.

Final Decision: The petition was dismissed, and the interim direction dated 30.10.2003 was vacated.

1. By Government Order No. 396-Edu of 2000 dated 28.4.2000 a Rehbar-e-Taleem scheme was introduced with the objective of promoting the decentralized management of elementary education with community participation and involvement to ensure accountability and responsiveness through a strong backup and supervision through the community and to operationalise effectively the schoolign system at the grass root level. Under the Scheme provision of services of teaching guides called Rehbar-e-Taleem in the primary and Middle schools to make up the deficiency of the staff was envisaged. The concept of the scheme provided that the person to be provided to make up the deficiency of the staff was envisaged. The concept of the scheme provided that the person to be provided to make up the deficiency of the staff at the elementary level of education will be designated as Rehbar-e-Taleem. The underlying objective was to posit the role of the teaching guide as catalyst for quality education and to ensure the overall development of the personality of the children drawn from the local comunity and accountability of the teacher would be immediately providing for constant interface and interaction with the community to secure universal enrolment and to check the incidence of drop outs. Under the scheme for the prpose of selection, composition of a Village Level Committee, which was to draw panel of eligible candidates form the village in which the primary or middle school was existing, is to be composed of: -

a) Two parents of the children studying in the institutions within the village provided they are literate;

b) Two persons to be nominated from the village who have social standing;

(c) A representative of women/scheduled caste/scheduled tribe;

(d) Zonal Education Officer.

The eligibility for appointment under the scheme is as follows:-

1- Rehbar-e-Taleem should be the permanent resident of the State;

2- He or she should belong to the village where there is assessed deficiency of staff. On the certification of VLC that no local candidate from the village is available,VLC can draw up the panel from the adjoining village;

3- He or she should possess the minimum qualification of 10+2;

4- The candidate shall as far as possible fulfill the age qualification as prescribed by the State government;

5- Due consideration shall be given by the VLCs to the scheduled castes and scheduled tribes.

The panel drawn up by the V.L.C. is required to be submitted through Zonal Education Officer to the concerned Deputy Commissioner and the Dy.Commissioner alongwith a representative of Director School Education) to be nominated by him in advance) has to make final selection with the assessed requirement and formal order for engaging Rehbr-e-Taleem has to be issued by the ZEO concerned.

2. Chief Education Officer Jammu by his Notification No. DIP/J/863 invited applications for filling up the posts of teachers through "Rehbar-e-Taleem scheme" (RT scheme hereafter), in the month of July 2003. The petitioner Ranjat Sharma as well as respondent No. 6,Smt.Anita Khajuria, applied for the said post existing in Primary school Rara,Tehsil Samba.The Village Level Committee (VLC) prepared a panel of the candidates as per their inter-se merit. The name of respondent No. 6,Anita Khajuria, figured at S.No. 1 and the name of the petitioner was at S.No. 2 of the said panel. The panel so prepared contained the following note:-

"Certified that S.No. 1 Anita Khajuria residing at Sainik colony Jammu at present."

3. The panel after being prepared came up for consideration before the Village Education Committee, which passed the following resolution:-

"A meeting of the Village Education Committee of village RARA was convened on 14.10.2003 under the chairmanship of Zonal Education Officer Ramgarh in which the following committee members were present. It was made clear to all committee members that the panel for the engagement of Rehbar-e- Taleem teacher has been prepared, which was shown to the committee

















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