The Rehbar-e-Taleem Scheme mandates that teacher selection is based on village residency and merit, not Panchayat affiliation.

JUDGMENT :

01. This Letters Patent Appeal is directed against the judgment dated 15.11.2022 passed in SWP No. 2229/2017 titled Banita Sharma vs State of J&K and others, whereby the writ petition filed by respondent No. 6 was allowed and the official respondents were directed to restore the order of engagement of respondent No. 6 as Rehbar-e-Taleem Teacher.

02. The factual aspect relevant for consideration of the appeal are that the Chief Education Officer, Rajouri issued an Advertisement on 23.10.2010 for engagement of RETs in newly opened Primary Schools under SSA Scheme for the year 2009-10 & 2010-11, inviting village wise fresh applications from permanent residents of J&K State/now Union Territory for engagement as Rehbar-e-Taleem Teachers in newly Opened Primary School, under SA scheme for the year 2009-10 & 2010-11 in District Rajouri. Amongst the vacancies advertised in the schools in Constituency Nowshera, Zone Sunderbani, two posts were advertised in Primary School Gaige (Bhajwal).

03. The office of Zonal Education Officer, Sunderbani prepared a Panchayat wise tentative merit list for the engagement of RETs in New Opening Primary Schools which was displayed on 07.10.2011. The appellant and respondent No. 6 with other candidates who had applied were considered for the posts of ReT in Primary School Gaige. The Zonal Education Officer recommended the names of two candidates namely Vishav Sharma and Sanjay Kumar for the Primary School Gaige of village Bhajwal on 07.10.2011.

04. The respondent No. 6, being aggrieved of the selection of appellant-Sanjay Kumar as ReT Teacher in Primary School Gaige filed a complaint against the selection of the appellant-Sanjay Kumar who was selected, ignoring the merit of respondent No. 6. The official respondents, taking cognizance of the complaint, constituted a Committee consisting of Principal Govt. HSS Sunderbani (Boys) and Headmaster HS Dhok Kangri to enquire into the aforesaid complaint in detail and submit their report. The Committee after conducting the enquiry submitted their report and found that the selection of the appellant by rejecting the candidature of respondent No. 6 was not genuine and discriminatory, as both the candidates belong to the same revenue village.

05. The Director, School Education, Jammu, after considering the enquiry report vide order dated 26.04.2014 held that the engagement of appellant is against the mandate of rules governing the field for engagement of RET under SSA and the same was cancelled ab initio and approval was accorded for the engagement of Banita Sharma-respondent No. 6. The respondent No. 5 issued an order of engagement of respondent No. 6 on 30.05.2014 as ReT Teacher for Primary School Gaige and she joined her duties on 31.05.2014.

06. The appellant is aggrieved of the order of cancellation of his engagement, assailed the same by way of writ petition i.e., SWP No. 1513/2014. By an interim order dated 11.06.2014, the order of appointment of respondent No. 6 was kept in abeyance. This writ petition was disposed of vide order dated 03.10.2016, on the ground that the appellant had not been granted any opportunity of being heard and, as such, the Director, School Education, Jammu was directed to go into the entire issue as to who, out of the panel, was eligible for appointment and determine the eligibility of the candidates after providing them a reasonable opportunity of being heard.

07. The Director, School Education Department, Jammu appointed Joint Director, S. E. as Enquiry Officer to conduct a detailed enquiry. The Enquiry Officer, in his report dated 26.12.2016, found that the Chief Education Officer had issued directions for engagement of the RETs on Village/Panchayat level, giving priority to such a unit whichever is smaller. The village Bhajwal consists of three panchayats, i.e., Upper Bhajwal-A, Upper Bhajwal-B and Lower Bhajwal indicating the sub units of each panchayat. The Primary School Gaige falls in Panchayat Upper Bhajwal-A and the sel