The closure of a government scheme and the absence of deficiency in the residential status of candidates can lead to the dismissal of a challenge related to the scheme.

JUDGMENT

Rahul Bharti, J. - Heard learned counsel for the parties.

2. Vide Govt. Order no. 396 of Edu dated 28.4.2000, the Govt. of erstwhile State of Jammu and Kashmir came to introduce Rehbar-e-Taleem (in short 'R-e-T) Scheme meant for engagement and supply of teachers in middle and primary schools so as to ensure that the imparting of education in the schools located in far flung areas of the State of Jammu and Kashmir do not suffer for want of teachers. The emphasis of R-e-T Scheme was to engage educated youth with requisite qualifications of the villages in which the middle and primary schools are located so as to ensure that school of a particular village does not suffer deficit of teachers at any point of time as such the selection and engagement of the teachers under the said Scheme was also 'village specific'. The policy principle was that the location of the school and the vicinity of the candidate to be selected for the engagement as teacher for the said school must be in close proximity to each other. This scheme got further operational improvement by virtue of directions issued in matters coming before this High Court and as such in terms of Govt. Order No. 394-Edu of 2006 dated 28.07.2006, the actuality of residence of a candidate in the village was defined and stated followed by Govt. Order no. 288-Edu of 2009 dated 08.04.2009 and addendum thereto by virtue of order dated 09.4.2009.

3. The aforementioned backdrop became necessary as the present case relates to the dispute about the alleged non-residentship of the candidates placed in the merit panel ahead of the petitioner herein who came to wage two rounds of litigation for seeking an answer to her alleged challenge. Present writ petition is second round of that litigation.

4. Vide an advertisement notice no. DIP/J-3892/10 dated 13.06.2010, the Chief Education Officer (CEO), Kishtwar carried out selection for engagement of R-e-T teachers for newly opened primary schools under Sarv Shiksha Abhiyan (SSA) in the District Kishtwar. Out of the list of the primary schools so named in the advertisement, two primary schools were namely Brar Pathan and Sirbhata both falling in revenue village Dool, Education Zone Nagseni

5. In each of the above referred two schools, two posts each were advertised for selection. With respect to New Primary School Brar Pathan, in the merit list panel the petitioner figured at serial no. 4 whereas the private respondent no. 7-Girja Devi figured at serial no. 1 as being MA B.Ed, Jamshed Bano at serial no. 2 as being BA B.Ed and Nishant Tabassum as being BA qualified. With respect to New Primary School Sirbhata, the petitioner figured at serial no. 3 whereas one Jamshed Bano with qualification as BA B.Ed figured at serial no. 1 followed by Nishant Tabassum being BA qualified at serial no. 2. In two merit panels for both the schools respectively one Ghulam Rasool S/o Mohd. Abdullah figured at serial no. 40 for Primary School Brar Pathan and at serial no. 38 for Primary School Sirbhata.

6. Finding herself ousted from the prospect of engagement as R-e-T Teacher for either of the two above mentioned schools on account of the merit panels so prepared, the petitioner had come to approach this Court in the first round with a writ petition-SWP No. 2751/2010 posing challenge to the merit panel placements but the said writ petition came to be disposed of by this court vide its judgment and order dated 17.10.2012. As the petitioner in her said writ petition had disputed the residential status of the candidates, in particular that of private respondent no. 7 and of said Ghulam Rasool, as such this Court in terms of its judgment dated 17.10.2012 had come to direct the Deputy Commissioner, Kishtwar either to conduct enquiry himself or get it conducted by some other senior officer of the District by affording opportunity of hearing to the petitioner as well as the said two candidates along with production of documents and materials for final recommendation to be