JUDGMENT : Muzaffar Hussain Attar, J.:- 1. When LPA No. 148/2013 came up for consideration before the Letters Patent Bench of this Court on 20th March, 2014, the Court directed the Registrar Judicial to make reference before the Chief Justice for constitution of Full Bench, as the Letters Patent Bench noticed that there is conflict between the judgments rendered in LPA No. 59/2012 decided on 13.09.2012 and LPA No. 135/2012 decided on 18.10.2012. 2. The Registrar Judicial, in compliance of the aforesaid Court order, made reference before Hon’ble the Chief Justice. Hon’ble the Chief Justice was pleased to constitute Full Bench. It is for this reason the reference is listed before this Full Bench. 3. To appreciate the conflict in the decisions rendered in the aforesaid two LPAs, brief narration of the facts would require to be given. 4. One Mubeena Hassan filed SWP No. 1508/2011, which was decided by the learned Writ Court vide its judgment dated July 18, 2013. The writ petitioner-Mubeena Hassan responded to the advertisement notice issued by the Zonal Education Officer, Quil Muqam, Bandipora and sought consideration for being selected and engaged as Rehbar-e-Taleem (3rd Teacher) in PS, Panzigam. The writ petitioner-Mubeena Hassan figured at top of the merit panel prepared by the Village Education Committee (VEC). 5. Respondent No. 6-Tahira Hussain in SWP No. 1508/2011 projected her case by stating that the Revenue Village comprise of two habitations, viz., Panzigam and Barzulla and the school where vacancy has to be supplied is located at Barzulla and she is to be considered for being engaged as Rehbar-e-Taleem (3rd Teacher) to the exclusion of writ petitioner-Mubeena Hassan. 6. Respondent No. 6-Tahira Hussain had filed SWP No. 1863/2009 which was decided on 06.12.2010 and respondent No. 3 therein was directed to approach the Dy. Commissioner, Bandipora for ascertainment of actual distance between the two habitations viz. Panzigam and Barzulla of Revenue Village Panzigam. The Chief Education Officer, Bandipora was directed that after receipt of the report he shall take decision about the applicability or otherwise of Government Order No. 288-Edu of 2009 dated 8th April 2009 (hereafter for short “Government Order No. 288 of 2009”). After receipt of the report, the Chief Education Officer, Bandipora took up the matter with the Director School Education. The Dy. After receipt of the report, the Chief Education Officer, Bandipora took up the matter with the Director School Education. The Dy. Director (P&S) vide his communication dated 15.07.2011 informed the Chief Education Officer, Bandipora that it will be proper to measure the distance from centre of the village (habitation) and decide the case accordingly. It is this communication which was challenged in the writ petition, SWP No. 1508/2011. The learned writ Court while relying upon the Letters Patent Bench Judgment of the Court in case titled Nasreena Gul and Anr. v. State and Ors., LPA No. 59/2012 decided on 13.09.2012, directed for measuring the distance between the two habitations from center of one habitation to center of other habitation. The Zonal Education Officer, Quil Muqam, Bandipora was directed to finalise the selection process in view of the observations made in the said order. 7. This judgment came to be challenged in LPA No. 148/2013. The appellant placed reliance upon the Letters Patent Bench judgment of this Court in case titled Asmat Rasool v. State of J&K and Ors., LPA No. 135/2012 to canvass his point that distance between the two habitations has to be measured from the boundaries of the two habitations and not from the center of the two habitations. It is because of the conflict between the two judgments rendered by two Letters Patent Benches of this Court that this reference has been made. 8. We have heard Mr. G.A.Lone, learned counsel appearing in support of the appellant. Learned counsel referred to both the Letters Patent Bench judgments and submitted that there appears to be no apparent conflict in the decisions rendered by the two Letters Patent Benches, in as much as, as per submissions of the learned counsel, no finding about the issue involved has been recorded in LPA No. 59/2012 decided on 13.09.2012. In respect of the issue, whether it is center of the habitation or the boundary of the habitation from which the distance has to be measured, learned counsel relied upon the decision dated 18.10.2012 rendered in LPA No. 135/2012 Asmat Rasool v. State of J&K and Ors. and submitted that the finding recorded, that the distance between the two habitations is to be measured from the boundaries, is correct view. and submitted that the finding recorded, that the distance between the two habitations is to be measured from the boundaries, is correct view. Learned counsel also referred to the decision dated 19.05.2015 of the learned writ Court in SWP No. 1158/2013 and submitted that the learned writ Court has recorded finding that the distance between the two habitations has to be measured from the boundary of one habitation to the boundary of other habitation in view of the Letters Patent Bench judgment. Learned counsel produced copies of judgments passed in LPA No. 59/2012, LPA No. 135/2012 and SWP No. 1158/2013, which are taken on record. 9. Mr. S.A.Naik, learned AAG submitted that the view taken by the Letters Patent Bench of this Court in Asmat Ara Rasool’s case LPA No. 135/2012 is the correct and appropriate view and further submitted that the distance between the two habitations is to be measured from the boundaries thereof and not from center to center. 10. Mr. B.A.Bashir, Sr. Advocate appearing for private respondent submitted that he has instructions from his client not to contest this reference. 11. The nucleus of issue involved is explanation appended to Government Order No. 288-Edu of 2009 dated 8th April, 2009, which is taken note of:- “Government of Jammu and Kashmir Civil Secretariat Education Department Subject: Rehbar-e-Taleem Scheme to ensure peoples participation in the Management of Education at grass roots level. Government Order No. 288-Edu of 2009 Dated 8th April, 2009. The following explanation is added below Eligibility condition No. 1 laid down in Government Order No. 396 of Education 2000 dated 28th April, 2000 (Rehbar-e-Taleem Scheme):- Explanation:- “Village means a Revenue village. However, where 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 habitation and having a population of more than 300 persons, shall be entitled to seek engagement as Rehbare-Taleem in the local school.” The above explanation shall have prospective effect. By order of the Government of Jammu and Kashmir. Sd/- Secretary to Government Education Department” 12. By order of the Government of Jammu and Kashmir. Sd/- Secretary to Government Education Department” 12. The State of Jammu and Kashmir, in order to achieve the solemn goal of universalization of elementary education at gross root level, in exercise of its powers under Article 162 of the Constitution of India, issued Government Order No. 396-Edu of 2000 dated 28.04.2000 and launched a scheme which in common parlance is called Rehbar-e-Taleem Scheme. The purpose of launching this scheme was to provide elementary education to all children of school going age. For accomplishing this purpose primary schools were opened at many places and zone of consideration for engaging Rehbar-e-Taleem (Teaching Guide) was made Revenue Village. In order to effectuate the intendment underlying the said scheme, the respectable persons of the concerned villages were charged with the duty of ensuring regular attendance of both the Teaching Guide as also the Pupil in the school. After some time this Rehbar-e-Taleem Scheme was wound up. The central Government for achieving the same purpose i.e universalization of elementary education at gross root level launched another Scheme called the Sarva Shiksha Abhyan Scheme (SSA Scheme). The State of J&K was also made part of the SSA Scheme. Under the SSA Scheme besides opening of new primary schools, the already existing primary schools were upgraded to Middle School Level. The State Government adopted the Rehbar-e-Taleem pattern for appointment of teachers in the schools available under SSA Scheme. The State Government has been regulating this scheme by issuance of Government Orders from time to time. One such Government Order bearing No. 288-Edu of 2009 dated 08.04.2009 was also issued. The explanation appended to the said Government Order provides that “Village means a Revenue Village.” It is further provided in the explanation that “where 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 habitation and having a population of more than 300 persons, shall be entitled to seek engagement as Rehbar-e-Taleem in the local school.” 13. The human habitation comprises of cluster of residential houses. A human habitation would also mean a colony or settlement. 14. Expression “away from other habitation” appearing in explanation appended to Government Order No. 288 of 2009 assumes significance for determination of issue and answering this reference. 15. The human habitation comprises of cluster of residential houses. A human habitation would also mean a colony or settlement. 14. Expression “away from other habitation” appearing in explanation appended to Government Order No. 288 of 2009 assumes significance for determination of issue and answering this reference. 15. In terms of explanation appended to Government Order No. 288 of 2009, in a Revenue Village, where habitations are scattered, a habitation, in order to qualify to be zone of consideration for supplying vacancy of Rehbar-e-Taleem in a school, has to be “one kilometer away from other habitation” and should have population of more than 300 persons. What assumes significance is as to which would be the measurement points between the two habitations of a Revenue Village. The expression “away from other habitation” appearing in the explanation appended to Government Order No. 288 of 2009 would mean that the measurement points between the two habitations have to be necessarily the boundaries/peripheries of the two habitations. One of the purposes underlying the SSA Scheme is to provide elementary education to the children of the areas which are school-less and where children have to travel long distances to attend the schools. 16. The human habitation, which would mean a cluster of residential houses located in a particular area of Revenue Village and being identified by a name, in view of the policy decision of the Government, reflected in the explanation appended to the Government Order No. 288 of 2009, has to be one kilometer away from other habitation, besides having population of more than 300 persons to qualify to be zone of consideration for supplying the vacancies of teachers for which selection is being made on Rehbar-e-Taleem pattern. 17. The human habitations are being identified by the very presence of clusters of residential houses in a Revenue Village which are away from other cluster of residential houses. These human habitations by their very presence at a particular place in a Revenue Village and away from another such habitation existing in the same revenue village, are identified by different names given to them by the residents of the habitations themselves or are identified by the names given to them in the revenue records. 18. The human habitation for its identification has its own defined boundaries. The boundaries of the habitations are delineated by the residential houses and lands appurtenant thereto. 18. The human habitation for its identification has its own defined boundaries. The boundaries of the habitations are delineated by the residential houses and lands appurtenant thereto. The distance which is to be measured between the two human habitations can be measured by taking their respective boundaries/peripheries as their measurement points. This is how expression “away from other habitation” can be given a reasonable, proper and legal colour and complexion. 19. When a human habitation comes into existence, it naturally and automatically assumes an identity and gets defined. Its territorial limits get naturally and automatically defined by residential houses and landed property of the inhabitants of the said habitation. 20. The expression “away from other habitation” appearing in explanation appended to Government Order No. 288 of 2009 would by no stretch of imagination mean and connote that the measurement points of the two habitations has to be centre of the two habitation. The expression “away from other habitation” would lose its colour, complexion, significance and meaning if distance is to be measured from centre of the habitations, as it would not be away from other habitation but would be then from the centre of one habitation to centre of another habitation. Such interpretation would convert two habitations into one habitation. This would not only destroy the purpose of explanation appended to the Government Order No. 288 of 2009 but expression “away from other habitation” would be rendered otiose and meaningless, in as much as, the explanation which restricts the zone of consideration for supplying vacancies to the inhabitants of the area would become zone of consideration for inhabitants of other habitation also. The purpose sought to be achieved by explanation appended to Government Order No. 288 of 2009 would stand defeated as in such case more than one habitation would constitute zone of consideration for supplying vacancies instead of one habitation. 21. The expression “away from other habitation” explicitly connotes that the habitations are separated from each other by some distance, which the Government has decided to be one kilometer. This separation of habitations by a distance of at least one kilometer, can be measured from their respective boundaries/peripheries. If the measuring points of two habitations are taken to be the centers thereof, then they will be reduced to one unit, making Government Order inapplicable and redundant. 22. This separation of habitations by a distance of at least one kilometer, can be measured from their respective boundaries/peripheries. If the measuring points of two habitations are taken to be the centers thereof, then they will be reduced to one unit, making Government Order inapplicable and redundant. 22. “The objectives and Organization of 4th All India Education Survey” does not refer to the supplying a vacancy in school located in a revenue village/habitation. The survey was conducted to collect the data in respect of availability of provisions of educational facilities at various stages of school education, and for coverage of school going population. Information was also collected about the distance to be covered by a child to have access to the school, enrolment of children belonging to weaker sections of the society and girls enrolment. Further information was collected about the minimum basic facilities available in the school such as, building, furniture, library, equipment, health and sanitation and other incentives. The 4th All India Educational Survey does not provide for zone of consideration for supplying of vacancies. The report also provides that for the purpose of location of schools, a distant housing cluster is the appropriate unit. Besides the aforesaid position obtaining in respect of the survey report, the State of J&K is regulating the SSA Scheme by issuing Government orders from time to time. The Government Order No. 288-Edu of 2009 would hold field till such time same is rescinded or modified. The view taken in Asmat Rasool’s case is correct view in law. 23. In view of the aforesaid discussion made in this order, we accordingly answer the reference as under:- “The measurement points between the two human habitations of a Revenue Village would be the boundaries/peripheries of the two habitations and not the centre points of the two habitations”. 24. Registry to list the LPA before the appropriate bench.