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2005 DIGILAW 229 (JK)

Muzaffer Ahmad Rather v. State Of J. &K.

2005-08-12

MANSOOR AHMAD MIR

body2005
1. It is averred in this writ petition that the respondents are preparing a panel of the candidates for appointment under Rehbar-e-Taleem Scheme of village Dardpora while combining with Village Malpora. The main thrust of the petitioner is that villages Dardpora and Malpor are two different villages, so respondents be commanded to prepare two separate panels for the villages Dardpora and Malpora. 2. The respondents have filed reply and their stand in the reply is that 0 ardpora and Malpora are not two different villages but village Dardpora is a patti of village Malpora. It is profitable to reproduce para-2 of the reply herein; - "2. That Pry school Dardpora falling in Education Zone Nagam, has been upgraded under SSA scheme to Middle standard, and in light of the said upgradation three (3) candidates are to be engaged as Rehbar-e-Taleem on the basis of their merit, and in accordance with the mandate of Rehbar-e-Taleem scheme for the village "Malapora-Dardpora". It is essential to state here that Dardpora is not a separate village,but is a patti of village "Malapora-Dardpora, In accordance with the law laid down by this Hon ble Court in the case titled Zahida versus State and ors a penal is required to be prepared by taking the village as a unit, and in the present case the village "Malapora-Dardpora�. The averments made by the petitioner that the respon dents wants to combine village Malapora and village Dardpora are specifically and vehemently denied. It is submitted here that Dardpora is not a separate village but is a part of village Malapora-Dardpora. The Selection/engagement of the candidates is strictly to be made in accordance with the mandate of the scheme and by taking village as a unit. The writ petition as such merits dismissal. " 3. This court, after noticing the reply, passed order dated 11.07.2005, which reads as under; - "Learned counsel for the petitioner could not make out that Dardpora is not a separate Village. He wants to make out that Dardpora is not a Patt, of Village Malpora. He seeks and ii granted two weeks time. List after two weeks. " In terms of this order, the learned counsel for the petitioner had sought time in order make out that Dardpora is not a Patti of Village Malapora. 4. He wants to make out that Dardpora is not a Patt, of Village Malpora. He seeks and ii granted two weeks time. List after two weeks. " In terms of this order, the learned counsel for the petitioner had sought time in order make out that Dardpora is not a Patti of Village Malapora. 4. Learned counsel for the petitioner filed report of Patwari Halqa dated 26th July, 2005 on 1st August, 2005 which has been made part of the file. Heard. Perused. Considered. 5. The moot point for consideration is whether Dardpora is a part of Village Malapora or is a different village. While going through the writ petition and the annexures forming part of the writ petition, the petitioner has not been able to carve out a case that Dardpora is a different village. 6. While going through the report of Patwari, it is crystal clear that Halqa Cherawni consists of three villages, namely, Cherawni, Chak Gobind and Malapora Dardpora. Thus, while going through the report of the Patwari, it is crystal clear that Dardpora is a part of Malpora Village. 7. It is profitable to reproduce the eligibility clause provided in the Rehbar-e-Taleem Scheme as under;- ELIGIBILITY: i) Rehbar-e-Taleem should be permanent resident of the State, ii) He or she should belong to the village where there is assessed deficiency of staff. On the certificate of VLC that no local candidate from the village is available, the VLC can draw up the panel the adjoining village. iii) He or she should possess the minimum qualification of 10+2. iv) The candidate shall as far as possible fulfill the age qualification as prescribed by the State government, v) Due consideration shall be given by VLCs to the Scheduled Castes and Schedule Tribes.x While going through the provisions of Rehbar-e-Taleem Scheme, it is crystal clear that right of consideration for engagement is of those candidates who hail from the "village�. The word "village" means entire village including Patti(s). The Rehbar-e-Taleem Scheme nowhere provides that the panel is to be prepared separately for a Mohalla or Patti. 8. In terms of the provisions of Land Revenue Act, Tenancy Act, Common Lands Act, Agrarian Reforms Act and Rules framed there under, village means an estate boundaries of which are defined in revenue record. 9. The Rehbar-e-Taleem Scheme nowhere provides that the panel is to be prepared separately for a Mohalla or Patti. 8. In terms of the provisions of Land Revenue Act, Tenancy Act, Common Lands Act, Agrarian Reforms Act and Rules framed there under, village means an estate boundaries of which are defined in revenue record. 9. The list of all the villages is given in General Statutory Rules and Orders (Vol.IV) amended upto end of April, 1974. Before creation of Tehsil Chadura, Malpora Dardpora was a part of Tehsil Budgam and after creation of Tehsil Beerwah and Tehsil Chadura, Malpora Dardpora is now a part of Tehsil Chadoora. Had Malpora and Dardpora been two different villages, then the Government would have shown Malapora and Dardpora as different villages in terms of the provisions of Land Revenue Act.. 10. Thus keeping in view the above facts, the petitioner has not been able to carve out that Malapora and Dardpora are two different villages. Viewed thus, no case for admission is made out. Accordingly, the writ petition is dismissed along with all connected CMP(s). In term direction, if any, shall stand vacated.