The measurement points between habitations in a Revenue Village for the Rehbar-e-Taleem Scheme should be the boundaries/peripheries and not the center points.

Muzaffar Hussain Attar, J.:-

1. When LPA No. 148/2013 came up for consideration before the Letters Patent Bench of this Court on 20th March, 2014, the Court directed the Registrar Judicial to make reference before the Chief Justice for constitution of Full Bench, as the Letters Patent Bench noticed that there is conflict between the judgments rendered in LPA No. 59/2012 decided on 13.09.2012 and LPA No. 135/2012 decided on 18.10.2012.

2. The Registrar Judicial, in compliance of the aforesaid Court order, made reference before Hon’ble the Chief Justice. Hon’ble the Chief Justice was pleased to constitute Full Bench. It is for this reason the reference is listed before this Full Bench.

3. To appreciate the conflict in the decisions rendered in the aforesaid two LPAs, brief narration of the facts would require to be given.

4. One Mubeena Hassan filed SWP No. 1508/2011, which was decided by the learned Writ Court vide its judgment dated July 18, 2013. The writ petitioner-Mubeena Hassan responded to the advertisement notice issued by the Zonal Education Officer, Quil Muqam, Bandipora and sought consideration for being selected and engaged as Rehbar-e-Taleem (3rd Teacher) in PS, Panzigam. The writ petitioner-Mubeena Hassan figured at top of the merit panel prepared by the Village Education Committee (VEC).

5. Respondent No. 6-Tahira Hussain in SWP No. 1508/2011 projected her case by stating that the Revenue Village comprise of two habitations, viz., Panzigam and Barzulla and the school where vacancy has to be supplied is located at Barzulla and she is to be considered for being engaged as Rehbar-e-Taleem (3rd Teacher) to the exclusion of writ petitioner-Mubeena Hassan.

6. Respondent No. 6-Tahira Hussain had filed SWP No. 1863/2009 which was decided on 06.12.2010 and respondent No. 3 therein was directed to approach the Dy. Commissioner, Bandipora for ascertainment of actual distance between the two habitations viz. Panzigam and Barzulla of Revenue Village Panzigam. The Chief Education Officer, Bandipora was directed that after receipt of the report he shall take decision about the applicability or otherwise of Government Order No. 288-Edu of 2009 dated 8th April 2009 (hereafter for short “Government Order No. 288 of 2009”). After receipt of the report, the Chief Education Officer, Bandipora took up the matter with the Director School Education. The Dy. Director (P&S) vide his communication dated 15.07.2011 informed the Chief Education Officer, Bandipora that it will be proper to measure the distance from centre of the village (habitation) and decide the case accordingly. It is this communication which was challenged in the writ petition, SWP No. 1508/2011. The learned writ Court while relying upon the Letters Patent Bench Judgment of the Court in case titled Nasreena Gul and Anr. v. State and Ors., LPA No. 59/2012 decided on 13.09.2012, directed for measuring the distance between the two habitations from center of one habitation to center of other habitation. The Zonal Education Officer, Quil Muqam, Bandipora was directed to finalise the selection process in view of the observations made in the said order.

7. This judgment came to be challenged in LPA No. 148/2013. The appellant placed reliance upon the Letters Patent Bench judgment of this Court in case titled Asmat Rasool v. State of J&K and Ors., LPA No. 135/2012 to canvass his point that distance between the two habitations has to be measured from the boundaries of the two habitations and not from the center of the two habitations. It is because of the conflict between the two judgments rendered by two Letters Patent Benches of this Court that this reference has been made.

8. We have heard Mr. G.A.Lone, learned counsel appearing in support of the appellant. Learned counsel referred to both the Letters Patent Bench judgments and submitted that there appears to be no apparent conflict in the decisions rendered by the two Letters Patent Benches, in as much as, as per submissions