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IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Virender Singh,Muzaffar Hussain Attar, JJ.
Shaheena Masarat - Appellant
Versus
State & Ors. - Respondent
LPA No. 168/2008, CMP No. 310/2008
Decided On : 13 April, 2010
Rehbar-i-Taleem Scheme - Age Qualification - Art. 37 CSR - Scheme Provisions - Government Orders
Fact of the Case:
The appellant challenged the appointment of the private respondent as a Re-T teacher under the SSA Scheme, alleging that the private respondent was over-aged at the time of selection. The private respondent argued that the government had relaxed the upper age limit, making her eligible for the position.
Finding of the Court:
The court found that the private respondent was over-aged at the time of selection and that the provisions of the Civil Service Regulations (CSR) governing age limits for government service were applicable to the Re-T Scheme appointments. The court held that the lower and upper age limits fixed by the government for government service also applied to the Re-T Scheme appointments.
Issues: The main issue was whether the age qualifications prescribed for government service were applicable to the appointments under the Re-T Scheme.
Ratio Decidendi: The court held that the age qualifications prescribed for government service were applicable to the appointments under the Re-T Scheme, and the provisions of the Scheme and government orders were to be interpreted in line with the government's age limits for government service.
Final Decision: The court set aside the judgment under appeal, directed the official respondents to offer appointment to the appellant as a Re-T teacher, and maintained the appointment of the private respondent, holding her entitled to all consequential benefits.
1. The State of Jammu and Kashmir in exercise of its power conferred upon it by Article 162 of Constitution of India launched a Scheme called Rehbar-i-Taleem Scheme (for short Scheme) by issuance of Government order No. 396-Edu 2000 dated 28th April 2000. The principal objectives of the Scheme were ;
a) Promoting and decentralizing 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.
2. It was further provided that the scheme shall be effectuated through services of teaching guides called Re-T in the primary and middle schools to make up the deficiency of the staff as per the existing norms.
3. The concept of Re-T was defined and role of village committee was also highlighted. The Village Level Committee (VLC) was also constituted in the scheme. The VLC was to be convened by Zonal Education Officer (ZEO) having been designated as convener of the said committee charged with the duty of assessing the requirement of teachers in the primary/middle school(s) within the area of their operation in due regard to the approved norms of staffing and their role.
4. Under the caption eligibility, in the scheme, it was provided that i) Re-T should be permanent resident of State; ii) belong to village where the deficiency of the staff was assessed; iii) should possess the minimum qualification of 10+2; and iv) the candidate shall "as far as possible" fulfill the age qualification as prescribed by the State Government.
5. The mode of selection of Re-T was that the panel was to be drawn by VLC and was send to the Dy. Commissioner (D.C) through ZEO concerned. The D.C along with a representative of Director School Education was to make final selection commensurate with the assessed requirement. The formal order of engagement of Re-T was to be issued by ZEO concerned. The Re-T was to be deemed a local community worker for a period of five years. He was to be paid monthly honorarium for a period of five years. The Re-T teacher was to be engaged initially for a period of two years and the period thereafter was to be extended for further three years subject to fulfillment of conditions laid down in the Scheme. The Scheme also provided for absorption of the Re-T as General Line Teacher. The relevant part of the Scheme is reproduced as under:-
"Role of Village Level Committee
On the satisfactory completion of five years as Reher-I-Taleem on honorarium basis, the candidate shall be eligible for appointment as General Line Teacher in the Education Department. For this purpose VLC shall have to furnish a certificate about the satisfactory performance of the teacher and highlighting the specific achievement and his/her conduct. At the time of consideration for formal appointment in the Government, if a teacher is found not to fulfill age qualification, then his/her employment would be on contractual basis for future.
By order of Government of Jammu and Kashmir"
6. The Government issued order No. 1238-Edu of 2001 dated 14.09.2001. The said government order is reproduced as under:-
"In partial modification of Govt. order No. 396 of Edu 2000 dated 28.04.2000 issued under endorsement No. Edu/Prpl. Secy/PS/3/2000 dated 28.04.2000, it is ordered that the sub-para "Regularization" appearing at page 4 of the said order shall read follows:-
"On the satisfactory completion of five year as Rehbar-i-Taleem on honorarium basis the candidate shall be eligible for appointment as General Line Teacher in the Education Department. For this purpose the VLC shall have to furnish a certificate about the satisfactory performance of the teacher highlighting the specific achievements and his/her overall conduct. At the time of consideration of Rehbar-i-Taleem teacher for formal appointment in the Government his age/qualification on the date of his/
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