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2008 DIGILAW 181 (JK)

Babli Devi v. State

2008-05-12

SUNIL HALI

body2008
1. The petitioner has challenged the appointments of private respondents 6 & 7 as Rehbar-e-Taleem Teacher for the Village Tankana. Her grievance is that the School is located in Tankana and being the resident of said locality was eligible for appointment to the said post. It is averred in the petition that the respondents have wrongly interpreted the word `village as `revenue village while making appointments to the post of Rehbar-e-Taleem Teacher. 2. The stand of the respondents is that the word `village in the Scheme would mean `revenue village consisting of small hamlets. Clarification in this regard was issued by the Government on 24.8.2005. The said clarification clearly mentions that a `village would mean `revenue village consisting of various hamlets. 3. I have heard learned counsel for the parties and perused the record. 4. Mr. Sharma, learned counsel for the petitioner states that the word `village already stands interpreted by the Division Bench of this Court in the judgment titled, State and ors v. Zahida Banoo, reported in KLJ 2003. The Division Bench of this Court in the said judgment has stated that village has to be understood in popular English parlance and such reading makes it clear that right of consideration for engagement flows to the State subjects belonging to the village where assessed deficiency exists. This Division Bench judgment considered by another Division Bench of this court in LPASW No. 115/2007, entitled, Gambhir Chand and anr. v. Parbhat Singh and ors decided on 07.03.2009. The judgment in LPASW No. 115/2007 deals with the question decided by the previous Division Bench. While analyzing the import of earlier Division Bench judgment, it was stated that the Division Bench did not go into the question whether the clarification as such relates back or the same did not relate back. In Law a clarification always relates back as the same is intended to clarify things done in the past and in the instant case the same was done in so many words, but a matter concluded otherwise cannot be reopened on the basis thereof. 5. Analyzing the reasonable meaning to the English word `village used in the Scheme in question, it is stated that word village always meant `revenue village. The word `village as known in ordinary English means a very small town located in a country area, whereas the word `hamlet means a very small village. 5. Analyzing the reasonable meaning to the English word `village used in the Scheme in question, it is stated that word village always meant `revenue village. The word `village as known in ordinary English means a very small town located in a country area, whereas the word `hamlet means a very small village. Therefore, the word `village denotes such conglomeration which is larger than hamlet but smaller than town. 6. After considering the import of aforementioned judgment, it clearly manifests that the word `village would mean any `revenue village and not a `village where school is located. In order to accord consideration, the most proper definition to the word `village would means `revenue village and not a `village where school is located. Therefore, the word `village can be extended to `revenue village and not only the `village where the school is located and the candidates who reside in such `revenue village will also have a right to seek appointment under the Scheme for the `village where the school is located. 7. Viewed thus, I find no force in this writ petition, the same is, accordingly, dismissed alongwith connected CMP(s).