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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAJNESH OSWAL, RAHUL BHARTI, JJ.
Sheeraza Akhter - Appellant
Versus
Nahida Shaheen and Others - Respondents
LPASW No. 185 Of 2015
Decided On : 27-07-2023
Rehbar-e-Taleem - Teacher Engagement - Rehbar-e-Taleem Scheme, Govt. Order no. 396/Edu of 2000 - The court examined the soundness of the impugned judgment on the challenge to the engagement of the appellant and the respondent no. 1 as Rehbar-e-Taleem. The engagement was meant for ReTs, and the selection process was based on the advertisement inviting applications from candidates with 10+2 qualification and above with Math and Science background. The court discussed the evaluation of merit by the selection authority, the recognition of post-graduation degrees by the Kashmir University, and the confusion surrounding the appellant's M. Sc. Zoology degree. The judgment upheld the respondent no. 1's selection and engagement as ReT, dismissing the appellant's appeal.
Fact of the Case:
The case involved a dispute over the engagement of the appellant and the respondent no. 1 as Rehbar-e-Taleem (ReT), a post equivalent to 'teacher.' The appellant challenged the respondent no. 1's engagement, leading to a series of legal proceedings and directions from the court.
Finding of the Court:
The court found that the selection authority evaluated the merit of the appellant and the respondent no. 1 based on their graduation level qualifications, as the post-graduation degrees were not recognized by the Kashmir University. The court concluded that the appellant's attempt to confuse the facts and claim an edge over the respondent no. 1 resulted in self-contradiction, leading to the dismissal of the appellant's appeal.
Issues: The issues included the evaluation of merit for ReT engagement, the recognition of post-graduation degrees by the Kashmir University, and the confusion surrounding the appellant's M. Sc. Zoology degree.
Ratio Decidendi: The court's decision was based on the evaluation of merit by the selection authority, the recognition of post-graduation degrees by the Kashmir University, and the appellant's self-contradictory claims regarding her M. Sc. Zoology degree.
Final Decision: The court upheld the respondent no. 1's selection and engagement as ReT, dismissing the appellant's appeal.
JUDGMENT :
(Rahul Bharti, J.)
1. A battle for engagement as Rehbar-e-Taleem (“ReT” in short), a post bearing equivalence to ‘teacher’ between the appellant- Sheeraza Akhter and the respondent no. 1-Nahida Shaheen, is so stake involving that it is literally a fight to finish having started in the year 2011. The duel had started when the respondent no. 1’s engagement was questioned by the appellant in her writ petition which led to disengagement of the respondent no. 1, after having served for more than one year then resulting in the purported engagement of the appellant which then came to be challenged by the respondent no.1 in her writ petition in which the learned Single Bench has come to upset the appellant’s engagement with a corresponding direction for restoration of the respondent no.1’s lost engagement. Now, the final battle round is in the present Letters Patent Appeal (LPA) before us bearing pendency lasting more than seven years.
2. Vehement submissions from the contesting parties have been made to add further to the seriousness of the grubstake. Detailing of facts is, therefore, required to be at our end done before we come to examine the soundness of the impugned judgement on the challenge to it from the appellant’s end.
3. In an upgraded Government Primary School Ganiepora to status of Middle School in the Ward no. 5 of village Ganiepora, falling in Education Zone Dooru in District Anantnag, Kashmir, there were two posts of teachers on Rehbar-e-Taleem (ReT) pattern for which a selection process had come to take place by issuance of an advertisement notice no. ZEO/D/896-A/09 dated 02.03.2009 by the respondent no. 4-Zonal Education Officer, Dooru Shahabad.
4. Vide this advertisement, the applications were invited from the prospective candidates having 10+2 qualification and above with Math and Science background. The applicants were to be of the residents of revenue village/wards of Town Area bearing the location of four upgraded Primary Schools as mentioned in the said advertisement one of them being Primary School Ganiepora.
5. It is an admitted position of the fact that the engagement was meant for ReTs and that is why the requirement of an applicant to be resident/inhabitant of village concerned came to be prescribed.
6. Insofar as, the engagement of ReT is concerned, the same was sourced to a government set up scheme known as Rehbar-e-Taleem Scheme brought into shape and operation vide a Government Order no. 396/Edu of 2000 dated 28.04.2000 which at present has come to an end with effect from 2018.. The operational aspect of the scheme, which has a bearing on the matter in issue, shall be adverted to at the pertinent point of reference in this judgement.
7. To this advertisement, both the appellant and the respondent no. 1, being the residents of village Ganiepora and possessing the eligibility qualification, had responded by applying for engagement as ReT.
8. The respondent no. 1 is 10+2 with Science subjects and also a Science graduate. The respondent no. 1 claims to be Masters in Environmental Science (Disaster Mitigation Course) from the Sikkim Manipal University of Health, Medical & Technology Sciences in 2003.
9. The appellant is also 10+2 with Science subjects and also a Science graduate. The appellant claims to be a post-graduate as M. Sc. Zoology from the VMRF Deemed University Salem, Tamil Nadu.
10. The selection process resulted in recommendation of the respondent no. 1 for engagement as ReT as her merit position in the selection list was at serial number 3 whereas that of the appellant at serial number 6. Select list was forwarded by the respondent no. 4 – Zonal Education Officer (ZEO), Dooru to the Chief Education Officer (CEO), Anantnag.
11. Consequently, the respondent no. 1 came to join her engagement on 10.10.2011 in the Middle School Ganiepora, Ward no. 5, Dooru, Anantnag.
12. The appellant came to challenge the said engagement of the respondent no. 1 as ReT by filing a writ petition SWP no.
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