JUDGMENT The instant Letters Patent Appeal is directed against the judgment and order dated 14.12.2012 of learned Single Judge whereby the writ petition bearing SWP No. 324/2011 of the appellants/writ petitioners (for short 'petitioners') has been dismissed, holding that the petitioners being residents of revenue Village Pahloo are not eligible for the posts of ReT as available in Upper Primary School, Shahoo Sachan and would have right to compete for any post to be filled up on revenue village basis. 2. Certain facts need to be noticed for proper appreciation of the present case. 3. Primary School for revenue village 'Shahoo Sachan' was sanctioned one and half decade back under the name Primary School, Shahoo Sachan but it was functioning in a rented premises located on the land situated in the neighboring village 'Pahloo', which was adjacent to the land and village 'Shahoo Sachan'. The said Primary School was upgraded to the status of Upper Primary School, resultantly two vacancies of ReT teachers, one with Math background and another with Science background were to be provided, which, according to ReT Scheme, have to be filled up amongst the candidates of the said revenue village subject to the availability of the candidates. In this regard, Advertisement Notice dated 20.01.2011 was issued by the Official respondents from the eligible candidates of the revenue village, 'Shahoo Sachan'. The petitioners also applied for the same. However, a complaint was lodged against them to the effect that they are not residents of village 'Shahoo Sachan', being residents of 'Pahloo', as such, not eligible. 4. Aggrieved of the said complaint, the petitioners have filed a writ petition seeking issuance of direction to the official respondents to the effect that they be considered for the aforesaid posts irrespective of the location of their residential house beyond limits of village 'Shahoo Sachan' or in the alternative restrict the zone of consideration only to those candidates who reside in the immediate vicinity of the location, where the school is actually located (Village 'Pahloo'). Another alternative relief sought was the quashment of the advertisement notice to the extent, it prescribes that only candidates hailing from village 'Shahoo Sachan' shall only be eligible for ReT. 5. During the pendency of the lis, respondent No. 5 moved an application for his impleadment as party respondents, which was allowed. Even the petitioners were allowed to amend their petition. 6.
5. During the pendency of the lis, respondent No. 5 moved an application for his impleadment as party respondents, which was allowed. Even the petitioners were allowed to amend their petition. 6. The learned writ Court, after entering into detailed discussion on the basis of the record available to it, has returned categoric finding that the establishment of School was sanctioned for one village but for non-availability of the building it was operated in a rented building located in the adjacent estate of neighbouring village and that the school for all practical purposes continued to be the school of village for which it was sanctioned and therefore, in tune with ReT Scheme, the engagement of ReT teacher is to be made on revenue village basis, for which, the school is sanctioned. Therefore, the candidates of the revenue village, for which the school is sanctioned, would be the eligible candidates and not the candidates of the revenue village, wherefrom the school was temporarily operating in rented premises. 7. Learned writ Court has also categorically observed that the certificates showing the petitioners, being the residents of 'Shahoo Sachan', are contrary to the actual position of residence of the petitioners, whereas they are residents of village 'Pahloo', as such, have no right as against two posts of ReT to be provided in Upper Primary School, 'Shahoo Sachan'. In this background, the plea put forth by the petitioners has been repelled by dismissing the writ petition. 8. Heard Mr. Khawja, learned counsel for the appellants, gone through the grounds carved out in the memo of appeal, which are reiterated by learned counsel during the course of arguments. 9. Mr. Khawja submits that ReT Scheme envisages that appointment has to be offered to a local candidate so as to ensure accountability and supervision of the community and promote constant interaction being the teaching guide and the community whose children are studying in the school. He contends that so far as the present case is concerned, the school, which is upgraded, is factually located beyond the territorial area of the said village in the neighbourhood of the petitioners, in the area which is recorded as revenue area of another village 'Pahloo), where the residential houses of the petitioners are also located, as such, the petitioners have a preferential right of being considered for engagement having regard to the object of the engagement.
He submits that assuming that the petitioners are not the residents of village 'Shahoo Sachan' merely on the ground that the residential houses of the petitioners are located beyond the territorial revenue area of their village, in that eventuality, the upgraded school, where the appointments are to be made cannot be treated to be the school of 'Shahoo Sachan', in that, it is also located beyond its territorial limits. According to the learned counsel, Advertisement notice, thus, is totally contrary to the ReT Scheme. 10. We are not at all in agreement with the submissions made by Mr. Khawja. Learned Single Judge has gone deep into it while confronting the petitioners vis-a-vis their residential status, as is evident from para No. 5 of the impugned judgment. For reference, it reads : - "When learned counsel for the petitioners was confronted with the position of petitioners being residents of Pahloo, he submitted that it is a fact that their residential houses are existing on the land which falls within the estate of revenue village Pahloo but that portion of the land being adjacent to the land of village 'Shahoo Sachen' is locally known as part of village Shahoo Sachan and the school is also located in said portion of land of village Pahloo. This maneuvering is of no help to the petitioners because it is positive stand of the official respondents that the school is operating in a rented house located within the estate of village Pahloo but the school has essentially been sanctioned for village Shahoo Sachan." 11. We do not find any infirmity in the impugned judgment on any count either on facts or law warranting indulgence of this Court. 12. Viewed thus, the appeal on hand is dismissed being devoid of any merits in it. 13. IA(C) No. 395/2012 also stands disposed of accordingly.