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J&K High Court · body

2015 DIGILAW 74 (JK)

Mohammad Rafiq Lone v. State of J&K

2015-03-05

MUZAFFAR HUSSAIN ATTAR

body2015
JUDGMENT The petitioner besides other eligible candidates responded to the Advertisement Notice, whereunder, regular vacancies of teachers for far flung areas on the pattern of Rehbar-E-Taleem (R-e-T) scheme were to be filled up. Petitioner as also the private respondent have sought consideration for being selected/appointed in School located in Khadinyar, Baramulla. The petitioner has called in question the selection/appointment of private respondent on the principal ground that besides being possessed of B. Ed and M. Ed qualification, he is also having Diploma in Pre-Primary teachers training (DPPTT). In order to project his case, petitioner has placed on record the communication of Director, School Education addressed to Chief Education Officer, Anantnag dated 01st January, 2013, whereunder, the subordinate authorities has been informed that in case of empanelled candidates having PG, B. Ed and one among them is having DPPTT, then candidates with the additional qualification would need to be considered for replacement slot in primary schools. Learned counsel for the petitioner also referred to the empanelment of candidates of zone Achabal to indicate that DPPTT has been considered and weightage given to it. He also referred to the engagement order of one Anesa Maqbool who has been engaged as R-e-T as weightage has been given to DPPTT qualification as well. The R-e-T scheme which was launched by the Government in the year 2000 has been wound up. Thereafter, besides opening of new primary schools, posts have been created by upgrading the schools under centrally sponsored scheme called Sarva Siksha Abhiyan (SSA) scheme. In order to fill up the post under this scheme, the State Government has adopted the selection procedure of R-e-T for making engagement of eligible candidates. Both schemes R-e-T as well SSA is regulated by the Government. The Government has issued orders from time to time and provided mechanism for supplying the vacancies under SSA scheme. Eligibility qualifications are prescribed, and norms fixed by the Government. The Director School Education is not an authority under R-e-T scheme or SSA scheme to fix norms for making selection or to prescribe eligibility qualification for selection/engagement. If it is left with Director School Education and other subordinate authorities to fix norms for making selection/engagement under SSA scheme then surely chaos will be created as all the authorities will fix norms/eligibility qualification at their own whim and caprice. If it is left with Director School Education and other subordinate authorities to fix norms for making selection/engagement under SSA scheme then surely chaos will be created as all the authorities will fix norms/eligibility qualification at their own whim and caprice. Candidates who belong to different zones, districts, divisions of the State and seek consideration for being selected/engaged as R-e-T constitute one class in law. If Director School Education and other subordinate authorities will fix norms and prescribe eligibility qualification then people belonging to one single class would be subjected to different kind of treatments which will be an offence to the Article 14 and 16 of Constitution of India. Earlier in some other similar petitions, it was impressed upon the Government to direct the Director School Education and other subordinate authorities not to fix norms/ eligibility qualification for making selection/ engagement to the post available under SSA scheme. Communication dated 01st January, 2013 send by Director School Education to Chief Education Officer, Anantnag, in which it is provided that DPPTT examination shall be considered is without any authority of law and no reliance can be placed on such communication. Even appointment made on the basis of said communication could not be pressed into service for seeking similar treatment. The submissions of learned counsel for the petitioner that the candidates having been engaged by giving weightage to DPPTT, in law would not require the authorities to give similar treatment to the petitioner. Since source of power for granting of such appointment has been held to be without authority of law, no such direction can be issued by the Court. For the above stated reasons, this writ petition being meritless is dismissed accordingly alongwith the connected IA(s). Interim direction, if any, shall stand vacated. The engagement made in favour of the candidates on the basis of the communication of Director School Education dated 01st January, 2013 shall not be disturbed on the basis of this order alone. In order to avoid generation of unnecessary litigation, respondent no.1 is directed to issue appropriate instructions to the concerned authorities in this behalf. Registry to service copy of this order on respondent no. 1 forthwith. Dismissed as above.