SWP No. 1266/2010 1. By the medium of this writ petition, the petitioners are seeking to quash Letter No. PS/DC/Rsi/5-7 dated 1st April, 2010, whereby the Deputy Commissioner, Reasi directed the Zonal Education Officer, Pouni to prepare a fresh panel after cancelling the earlier one, and also seeking a direction to the respondents to appoint them as Rehbar-e-Taleem Teachers under SSA Scheme in New Primary School, Morha Nanoti, Village Bharakh, on the grounds taken in the writ petition. 2. An Advertisement Notification dated 14.12.2009 was issued by the Chief Education Officer, Reasi under the Sarva Shiksha Abhiyan Scheme inviting village-wise applications from the candidates for their engagement against the various posts of Rehbar-e-Taleem Teachers in different schools including two posts of Rehbar-e-Taleem in newly created Government Primary School, Nanoti, Village Bharakh. In response to the said notification, a number of candidates applied against the two posts of Rehbar-e-Taleem Teachers in Govt. Primary School Nanoti. Thereafter, a merit panel was prepared and objections were invited to the same. Certain candidates objected to the merit panel made at village level, demanding that the same be prepared at habitation level basis in the light of Government Order No. 288-Edu of 2009 dated 08.04.2009. Accordingly, a report was obtained from the Tehsildar as well as Block Development Officer concerned and on the basis of their report, a fresh tentative select list was prepared at habitation level basis, wherein petitioners, namely, Amarjeet Kour and Jasbir Kour, found their place at Sr. Nos. 1 & 2 respectively. Again some of the candidates objected to the said list on the ground that the selection should have been made at village level and not at habitation level. Deputy Commissioner, Reasi, after conducting the inquiry found that the said Government order was not applicable to the case at hand. The competent authority after considering the report of Deputy Commissioner again made the selection at village level, wherein respondents 7 and 8, namely, Surinder Kour and Tejbir Kour, who were having more merit than the petitioners herein, were selected and their selection was approved by respondent no.3., i.e., Director School Education, Jammu. Feeling aggrieved the petitioners have questioned the same by the medium of present writ petition on the ground that the selection has been wrongly made and in contravention to order dated 08.04.2009. 3.
Feeling aggrieved the petitioners have questioned the same by the medium of present writ petition on the ground that the selection has been wrongly made and in contravention to order dated 08.04.2009. 3. Vide order dated 20.05.2010 notice was issued to the respondents for filing objections with a direction not to make appointments. 4. It is averred in paragraphs 4 to 6 of the writ petition that the selection was to be made strictly in terms of Order No. 288-Edu of 2009 dated 08.04.2009, i.e., at habitation basis and not at village level basis. Further, it is averred that as per the report of Naib Tehsildar, Pouni (annexure "C" to the writ petition), the population of Village Bharakh is more than 421 and Morha Nanoti is a habitation, while as the respondents have wrongly interpreted the letter of Deputy Commissioner and made the selection at village level basis. 5. Respondents have filed objections resisting the petition. Respondents have also produced the record. The record so produced do disclose that the Deputy Commissioner, Reasi had asked the Additional Deputy Commissioner to conduct inquiry, who conducted a detailed inquiry. Naib Tehsildar as well as Patwari concerned and some respectable persons of the locality were also present during such inquiry. He submitted his report dated 27.03.2010 that Revenue Village Bharakh consists of eight Mohras and in Mohra Nanoti there were 188 habitants as per census 2001, therefore, Mohra Nanoti does not fall in the definition of habitation and recommended for starting further process. Deputy Commissioner, Reasi, accordingly, asked the Zonal Education Officer, Pouni to take steps and conclude the process in terms of the said report. Accordingly, a fresh panel was prepared and private respondents 7 and 8 came to be appointed. 6. Admittedly, respondents 7 & 8 are more meritorious having qualification of M.A., B.Ed, at their credit. In terms of the advertisement notice, the selection was to be made at village level basis. It would be appropriate to reproduce first paragraph of the advertisement notice herein.
6. Admittedly, respondents 7 & 8 are more meritorious having qualification of M.A., B.Ed, at their credit. In terms of the advertisement notice, the selection was to be made at village level basis. It would be appropriate to reproduce first paragraph of the advertisement notice herein. "In pursuance to Government Order No. 597-Edu of 2003 dated 02-06-03 village-wise fresh application on prescribed format are invited from the permanent residence of J&K State for the engagement of RET Teachers at village level and in case of TAC/NAC at ward level under SSA, application shall be submitted to the concerned Zonal Education Officer of respective Zones under proper receipt within 15 days from the date of publication of the advertisement notice in the news paper. In case the last date for the receipt of application form comes to be on holiday, the next working day will be the last day of receipt of application." 7. It would be relevant to mention here that the petitioners have not placed on record copy of the advertisement notice. 8. It is worthwhile to mention here that the Additional Deputy Commissioner also discussed the definition of Village in its report dated 27.03.2010. 9. In the given circumstances, no case for admission is made out. Accordingly, the writ petition is dismissed in limine along with all connected CMPs. Interim direction stands vacated. SWP No. 995/2010 accordingly stands disposed of.