Adherence to the provisions and scheme of Rehbar-e-Taleem is crucial in making appointments, and lack of merit can lead to the dismissal of an appeal.

1. Heard Mr. M. I. Sherkhan, learned counsel for the appellants, Mr. Gagan Basotra, learned Additional Advocate General for respondent nos. 1 to 4, Mr. M. A. Bhat, learned counsel for respondent no.5 and Mr. Z. A. Mughal, learned counsel for respondent no. 6.

2. This letters patent appeal has been directed against the judgment and order dated February 22, 2002, passed by Writ Court in SWP no. 2088/2001, whereby the writ petition initiated by both the appellants as writ petitioners was dismissed on the ground that since the writ petitioners applied for a particular school and their claim having been considered, they could not seek parity with others, who had been posted at other places.

3. The basic case of the appellants herein is that both of them, being husband and wife, applied for post of Rebar-e-Taleem in a village Balnoi, pursuant to notice issued by Zonal Education Officer. Merit list of candidates in this regard was prepared by Zonal Education Officer. According to the appellants, there were seven candidates eligible for the post of Rehbar-e-taleem out of the vacancies from village Balnoi. However, to the utter surprise and dismay, despite having requisite merits by virtue of marks, candidature of both of them was rejected and thereby they were deprived of getting the appointment in the posts in the concerned school.

4. Controverting those allegations and submissions made in the writ petition, the official respondents filed objections, wherein it was clearly stated that the case of both the appellants’ was considered and it was found that they applied for the post of Rebare-e-Taleeem in Government Primary School, Nambla Balnoi, whereas respondent nos. 5 and 6 submitted their applications for appointment in Government Primary School, Upper Balnoi and Government Central School Balnoi, respectively. Moreso, both the appellants were having lesser merit in comparison to respondent nos. 5 and 6.

5. The relevant portion of the affidavit so filed on behalf of respondents may be quoted as under:

Further it is submitted that in pursuance to Govt. Order No. 396-Edu of 2000 dated 28.4.2000 regarding implementation of "Rehbar-e-taleem" scheme for ensuring functioning of closed schools, the applications were invited for appointment as Rebar-e-taleem teaching guides for Govt. Central School, Balnoi, Govt. Primary School, Upper Balnoi, Govt. Primary School, Nambla Balnoi, and Govt. Primary School, Nar Baolnoi. In response to the said notice, applications were received, alongwith the recommendations from the Village Level Committee, constituted vide Govt. Order no. 396-Edu. of 2000 dated 24.04.2000, to the Deputy Commissioner, Poonch through Zonal Education Officer, Mankote. It is pertinent to mention herein that both the writ petitioners submitted their applications for appointment as Rehbar-e-taleem teaching guides for Govt. Primary School, Nambla Balnoi, whereas the respondent no. 5 and 6 submitted their applications for appointment as Rehbar-e-taleem teaching guides for Govt. Primary School, Upper Balnoi and Govt. Central School, Balnoi.

The Zonal Education Officer, Mankote, accordingly, prepared a panel of the candidates, falling in merit being highly qualified after assessing the merit of candidates, with reference to the guidelines indicated above and appointed respondent no. 5 and 6 as Rehbar-e-taleem teaching guides in Govt. Primary School, Upper Balnoi and Govt. Central School, Balnoi, strictly in accordance with the provisions and scheme of Rehbar-e-taleem. Needless to mention herein that one Jamila Bi having secured 282/600 marks in 10+2 examination was appointed as Rebhar-e-taleem teaching guide in Govt. Primary School, Nambla Balnoi, whereas both the petitioners have obtained 250/600 and 249/600 marks in 10+2 examination, being less in merit and possessing low percentage of marks qua the writ petitioner, were not preferred for appointment as Rehbar-e-taleem teaching guides against one vacant post available in Gov