2013 Supreme(J&K) 574
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Virender Singh ,Ali Mohammad Magrey, JJ.
Rajni Kumari & Ors. -Appellant
Versus
State Of J&K & Ors. -Resopndent
LPASW No. 144-2011 & CMA No. 170-2011; LPASW No. 140-2011 & CMA No. 166-2011
Decided On : 25-09-2013
Sunil Sethi, Ravi Abrol, C.M. Koul, Gagan Basotra.
Headnote:
Rehbar-e-Taleem - Selection Process - Government order no. 396-Edu of 2000, Government order no. 1670-Edu of 2003, Government order no. 1678-Edu of 2003 - The court examined the selection process initiated in terms of notification dated 11.12.2002 and the subsequent government orders. The court found that the appellants were recommended and covered by the modifying order dated 04.12.2003, and that the delay in approaching the court was sufficiently explained. The impugned judgment was set aside, and the respondents were directed to consider the appellants' writ petitions for appointment in terms of Government order no. 1678-Edu of 2003 dated 04.12.2003 on the analogy of similarly placed persons.
Fact of the Case:
The appellants filed writ petitions after their applications for engagement as Rehbar-e-Taleem teachers were not acted upon by the respondents. The respondents contended that the selection process was stopped by a government order, and that there was delay or laches on the part of the appellants in approaching the court.
Finding of the Court:
The court found that the appellants were recommended and covered by the modifying order dated 04.12.2003, and that the delay in approaching the court was sufficiently explained. The impugned judgment was set aside, and the respondents were directed to consider the appellants' writ petitions for appointment in terms of Government order no. 1678-Edu of 2003 dated 04.12.2003 on the analogy of similarly placed persons.
Issues: The issues involved were whether the selection process was brought to its logical conclusion before the issuance of the government order, and whether there was delay or laches on the part of the appellants in approaching the court.
Ratio Decidendi: The court held that the appellants were recommended and covered by the modifying order dated 04.12.2003, and that the delay in approaching the court was sufficiently explained. The impugned judgment was set aside, and the respondents were directed to consider the appellants' writ petitions for appointment in terms of Government order no. 1678-Edu of 2003 dated 04.12.2003 on the analogy of similarly placed persons.
Final Decision: The appeals were allowed, the impugned judgment was set aside, and the respondents were directed to consider the appellants' writ petitions for appointment in terms of Government order no. 1678-Edu of 2003 dated 04.12.2003 on the analogy of similarly placed persons.
1. These five appeals have been preferred against the common judgment and order dated 12.05.2011 passed by the learned Writ Court, dismissing five writ petitions filed by the appellants. Since the relevant facts and the points of law are identical in all these appeals, the same are dealt with by this common judgment.
2. Perusal of the impugned judgment reveals that the writ petitions filed by the appellants have been dismissed by the learned Single Judge on two counts: first, that the selection process initiated in terms of notification dated 11.12.2002 had not been brought to its logical conclusion by the respondents till the issuance of Government order dated 24.11.2003, whereby the process of filling up of the vacancies of teachers through the medium of Rehbar-e-Taleem scheme was stopped; and second, that there has been delay or laches on the part of the petitioner-appellants in approaching the Writ Court. In fact, these appeals are vigorously contested by the respondents on the very same grounds. Given the factual matrices of the case, we feel that the two issues involved are intertwined. Therefore, the matter warrants examination, somewhat, in detail.
3. Way back in 2000, vide Government order no.396-Edu of 2000 dated 28.04.2000, the State Government launched the Scheme of `Rehbar-e-Taleem' (Teaching Guide) objected at: (i) promoting decentralized management of elementary education with the community participation and involvement; (ii) ensuring accountability and responsiveness through a strong backup and supervision through the community; and (iii) operationalising effectively the schooling system at the grass roots level. It was provided that the scheme shall be effectuated for provision of services of Teaching Guides in the Primary and Middle Schools to make up the deficiency of the staff as per the existent norms. The Scheme so formulated and promulgated, provided that the Teaching Guide shall be engaged by Village Level Committee (VLC) associating ZEO concerned as the Convenor. The relevant provisions of the scheme under the caption "Role of Village Level Committee" as to its composition etc. for the purpose of implementation of the scheme and the "mode of selection of a Teaching Guide" are reproduced hereunder:
"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 Cast / Scheduled Tribe;
d/ Zonal Education Officer.
i) VLC shall assess the requirement of teachers in the Primary / Middle Schools within the area of their operation in due regard to the approved norms of standing and the roll. On the basis of the said assessment, VLC would draw up a panel of eligible qualified persons from the village;
ii) After the assessment of the requirement, the meeting of VLC shall be convened by the ZEO. But in case meeting is not convened by ZEO within reasonable time then on the requisition of three non-official members the meeting of VLC shall be held. It would be obligatory for ZEO to hold the meeting. The quorum shall be four, of which three should be non-official members. The panel so drawn up should be one and half times of the assessed requirement of Rehbar-e-Taleem and in order of merit.
Eligibility:
Mode of selection:
i) The panel drawn up by VLC shall be submitted through the ZEO to the concerned DC. The DC alongwith a representative of Director School Education (to be nominated by him in advance) will make the final selection commensurate with the assessed requirement.
ii) The formal order of engaging `Rehbar-e-Taleem' shall be issued by the ZEO concerned."
The other subjects and clauses contained in the scheme related to, explained and prescribed the Concept of Rehbar-e-Taleem; Eligibility, Honorarium, Payment of Honorarium and Regularization. The Regularization clause provided as under:
"On the satisfactory completion of five years as Rehbar-e-T