1. As the issue involved in these batch of writ petitions is similar in nature, same are disposed of by a common judgment. 2. Sarva Shiksha Abhiyan Policy was issued by Union of India, while exercising their executive powers under Section 162 of the Constitution, Policy regarding eligibility and procedure for selection and appointment of teachers under the Sarva Shiksha Abhiyan, were notified. The object of policy was to appoint teachers within the area of their location. The intended purpose was to ensure that no deficiency is left in the School due to non-availability of teachers. The policy also provides that the teachers have to be appointed in the School where they are engaged, which is the basic eligibility for such an appointment. The policy also provides that after completion of five years, they are to be regularized as General Line Teachers. 3. After the regularization and their appointment as General Line Teacher, they are en-cadred as General Line Teachers. Their cadre is determined on the basis of pay scale and the District where they are located. 4. The grievance of the petitioners is that the respondents have issued Transfer Policy for the guidance of the department. The policy envisages the mode and manner in which it is to be implemented. One of the conditions mentioned in the policy is that Rebhar-e-Taleem Teachers should not be transferred even after regularization of their services as General Line Teachers, as their appointment are School specific. This condition in the policy violates the provisions of the Jammu and Kashmir Educational (Subordinate) Service Recruitment Rules, 1992, more particularly, Section 3 sub-clause (VIII), which defines a `District Cadre’. 5. Learned counsel for the respondents, Mr. Gagan Basotra states that the petitioners have no cause to question this order. They were, after their regularization, transferred from the Schools from where they were initially appointed but have been brought back. The other contention is that condition no. 6 is not ultra virus of the Rules as the persons regularized after five years of service as Rebhar-e-Taleem Teachers form a different class. 6. I have heard learned counsel for the parties. 7. By the consent of the parties, all the petitions are taken up for final disposal after admitting them. 8. The appointments made under the Rehbar-e-Taleem Scheme, as shown in the policy envisages that appointments are School specific.
6. I have heard learned counsel for the parties. 7. By the consent of the parties, all the petitions are taken up for final disposal after admitting them. 8. The appointments made under the Rehbar-e-Taleem Scheme, as shown in the policy envisages that appointments are School specific. I say so because it is the basic eligibility for such an appointment. After their regularization, they are en-cadered as General Line Teachers and their cadre is defined on the basis of their basic pay, as also the district where they are located. Their status is determined as General Line Teachers under the provisions of the Jammu and Kashmir Educational (Subordinate) Service Recruitment Rules, 1979. Their transfer is to be made under the Rules of 1992 which envisages that transfers can be effected within the cadre, i.e, District Cadre. Inter district transfer can also be permitted with the prior approval of the Administrative Department. Condition no. 6 of the Transfer Policy contravenes Rule 17 of the Rules 1992, which clearly provides for transfer within the cadre. After their regularization as General Line Teachers, they lose the status of Rehbar-e-Taleem Teacher and are not governed by the policy regulating the appointment of Rehbar-e-Taleem Teachers. 9. The fact of the matter is that after regularization, they constitute one class with the General Line Teachers. They stand en-cadered in the service and are governed by the Rules of 1992. They cannot claim any special privilege after their en-caderment in the service regarding their transfer. They have to be covered by Transfer Policy which is in existence regarding the General Line Teachers. Condition no. 6, prima facie intends to make out a class within the class by stating that those persons who are regularized as Rehbar-e-Taleem Teachers, their transfers should be School specific. This condition is ultra virus of the Rules. 10. After having said so, I find that condition no. 6 of the Transfer Policy is ultra virus of the Rules and the same shall stand quashed. 11. The writ petitions are, accordingly, allowed as indicated above.