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2010 Supreme(SC) 219

ALTAMAS KABIR, CYRIAC JOSEPH
Syed Bashir-ud-din Qadri – Appellant
Versus
Nazir Ahmed Shah – Respondent


Advocates Appeared:
Colin Gonsalves, Vijay Hansaria, Sr. Advs., Ms. Jayshree Satpute, Ms. Jyoti Mendiratta, G.M. Kawoosa, Ms. Sheha, Ashok Mathur, Anis Suhrawardy, Mrs. Shamama Anis, S. Mehdi Emam, Tabraz Ahmad, Advs., with them for the appearing parties.

JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. The appellant is a person suffering from cerebral palsy and these appeals are the story of his struggle to make himself self-dependent and to find an identity for himself against enormous odds. Despite his handicaps, the appellant completed his graduation under the University of Kashmir and was awarded a B.Sc. degree by the University on 28th February, 2004.

3. On 28th April, 2004, the State of Jammu & Kashmir launched a scheme known as “Rehbar-e- Taleem” which literally translated means a “Teaching Guide”. Under the Scheme, a Village Level Committee was constituted to select persons to be appointed as “Rehbar-e-Taleem” who would be deemed to be community workers for a period of five years on a monthly honorarium after which they would be considered for regularisation as General Line Teachers in the Education Department. The said stipulation came with the rider that in the event the teacher was unable to fulfil the age qualification, his employment would be on contractual basis for the future.

4. The appellant also applied for appointment as Rehbar-e-Taleem and in January, 2005, a merit list of four candidates was prepared by the Z















































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