1. Vide advertisement notice dated 13th January, 2010, issued by respondent Zonal Education Officer applications were invited from eligible candidates having qualification of 10+2 and above for engagement of ReTs to be supplied in newly up-graded middle schools of zone Tulmulla on revenue village basis which include two vacancies (one with math and one with science background) to be supplied in Primary School, Malikpora of village Devipora. In accordance with merit panel was prepared wherein respondent Ashiq Hussain (for math stream) and respondent Mansoor Ahmad Rather (for science stream), on the basis of merit, were selected. 2. Petitioner Muzaffar Ahmad War filed writ petition (SWP) No. 1572/2010 wherein said selection was challenged on the ground that Pati Devipora and Malikpora is a separate habitation and is more than one kilometer away from Devipora. The said writ petition was disposed of with the direction to the respondent No. 3 (Chief Education Officer) to consider objections of the petitioner and thereafter to pass appropriate orders in accordance with scheme. 3. In compliance thereof, respondent Zonal Education Officer considered the matter and found that revenue village Devipora comprises of three habitations, i.e. (1) Pati Devipora, (2) Malikpora, and (3) Devipora. Malikpora where school is located was found to be a compact habitation of revenue village and was found to be adjacent to Pati Devipora with zero kilometer distance. The claim of the petitioner, as such, was not found tenable and accordingly, on the same basis, order dated 21st February, 2011 was passed which is under challenge in this writ petition. 4. One Ghulam Hassan Malik has also filed a separate writ petition i.e. SWP No. 1275/2010 wherein he has challenged the selection of respondent Mansoor Ahmad Rather. 5. Both the two petitions are taken up for disposal together. 6. Learned counsel for petitioner Muzaffar Ahmad contended that Malikpora and Pati Devipora is one habitation, selection of the candidates has to be made on the basis of habitation as is mandate of Govt. order No. 288-Edu of 2009 dated 08.04.2009, secondly claimed that even in case selection is made on revenue village basis, still he should have been selected against the vacancy (math stream). 7. order No. 288-Edu of 2009 dated 08.04.2009, secondly claimed that even in case selection is made on revenue village basis, still he should have been selected against the vacancy (math stream). 7. Claim of Ghulam Hassan Malik (writ petitioner in SWP No. 1275/2010 is that he being resident of habitation Malikpora has a superior right of being selected as against respondent Mansoor Ahmad Rather who is not the resident of habitation Malikpora. 8. From the records what is discernible is that against two posts to be supplied in Primary School, Malikpora, six candidates had applied which include petitioners in two petitions and respondents No. 6 to 8 in SWP No. 373/2011. The position of their qualification and merit is reflected in the merit list so prepared. Respondent Ashiq Hussain War is having both math and science background with 76.13% marks whereas respondent Mansoor Ahmad Rather with science background is shown to possess 60% marks. Petitioner Muzaffar Ahmad War with math background is shown to possess 46.83% marks whereas petitioner Ghulam Hassan Malik with science background possesses 46% marks. Official respondents (authorities) have prepared the selection list wherein respondent Ashiq Hussain War is shown selected as against math stream and respondent Mansoor Ahmad Rather as against science stream and petitioner Muzaffar Ahmad War is shown as a waiting candidate. 9. Contention of the learned counsel for the petitioner Muzaffar Ahmad War is that respondent Ashiq Hussain War should have been selected as against math stream vacancy and in that eventuality he being next in merit in math stream would get selected as against math stream vacancy whereas contention of learned counsel for the petitioner Ghulam Hassan Malik is that respondent Mansoor Ahmad Rather is not resident of habitation Malikpora, therefore, he should have been excluded and on his exclusion he being resident of habitation Malikpora would get selected as against science stream. 10. The important contention as raised by learned counsel for the petitioner Muzaffar Ahmad is that advertisement notice is not in tune with Govt. order No. 398-Edu Of 2000 dated 28.4.2000 because selection of ReTs has to be made on habitation basis and in case no candidate is available in the habitation, then zone of consideration can be extended to the revenue village. In the advertisement notice applications from the candidates belonging to revenue village have been invited. order No. 398-Edu Of 2000 dated 28.4.2000 because selection of ReTs has to be made on habitation basis and in case no candidate is available in the habitation, then zone of consideration can be extended to the revenue village. In the advertisement notice applications from the candidates belonging to revenue village have been invited. In this connection it shall be quite appropriate to notice as to what Govt. order No. 288-Edu of 2009 dated 08.04.2009 provides: "Government of Jammu and Kashmir Civil Secretariat Education Department Subject:- Rehbar-e-Taleem scheme to ensure people's participation in the management of Education at grass root level. Government Order No. 288-Edu of 2009 Dated: 08-04-2009 The following explanation is added below Eligibility condition No. 1 laid down in Government Order No. 398 of Edu 2000 dated 28-4-2000 (Rehbar-e-Taleem Scheme) :-Explanation:- "Village means a Revenue Village. However, where habitation in a Revenue Village are scattered, a candidate belonging to a habitation popularly known as a village, at least, one kilometer away from other habitations and having a population of more than 300 persons, shall be entitled to seek engagement as Rehbar-e-Taleem in a local school." The above explanation shall have prospective effect. By order of the Government of Jammu and Kashmir. Sd/ Secretary to Government Education Department." It is clear from the explanation as appended to Government Order No. 398 of Edu 2000 dated 28.4.2000 as quoted above that where the habitations in a revenue village are scattered, a candidate belonging to a habitation popularly known as a village, at least one kilometer away from other habitations and having population of more than 300 persons shall be entitled to seek engagement as Rehbar-e-Taleem in a local school. 11. In terms of the explanation it is clear that the candidates belonging to the habitation have a superior right to the exclusion of the candidates belonging to other habitations. In the advertisement notice applications have been invited from the eligible candidates of revenue village because if candidates from the habitation shall not be available, then zone of consideration will extend to the candidates belonging to village but once candidates from the habitation are available, then selection process will be restricted to the habitation which shall be in tune with the explanation as referred to above. 12. 12. Now what was required to be done was to ascertain whether Malikpora where school is located constitutes a habitation in terms of the above explanation. If yes, then only the candidates belonging to the habitation Malikpora would be considered for selection and in case Malikpora would not constitute habitation, then zone of consideration can be extended to the revenue village. 13. In terms of order impugned respondent Zonal Education Officer has found that revenue village Devipora has three habitations i.e. Pati Devipora, Malikpora and Devipora, then has concluded that Malikpora is a compact habitation of revenue village Devipora and is adjacent to Pati Devipora with zero kilometer distance. The requirement of above referred explanation is that the habitation must be one kilometer away from other habitations. When Pati Devipora is adjacent to Malikpora, can zone of consideration be restricted only to the candidates belonging to Malikpora or to the candidates who also belong to Pati Devipora. The answer has to be very simple i.e. Malikpora being a habitation, quite adjacent to Pati Devipora but at a distance of three kilometers from Devipora, in such situation Pati Devipora and Malikpora have to be treated as one habitation, therefore, the candidates belonging to Pati Devipora and Malikpora shall be entitled to be considered in accordance with their merit as against the two vacancies. 14. Viewed thus, respondent Zonal Education Officer is directed to prepare the selection list afresh from amongst the candidates who belong to Pati Devipora and Malikpora and on the basis of merit, select list of two candidates, one from math stream and another from science stream, shall be prepared and process of selection/engagement shall be finalized accordingly within a period of six weeks from the date copy of order is served upon respondent Zonal Education Officer. In the process, if need arises for ascertaining the actual residence of the candidates, respondent Zonal Education Officer shall be at liberty to take assistance from the Re venue/Engineering agencies concerned. 15. Both the petitions are accordingly disposed of.