Judgment 1. An Advertisement Notice No.02 of 2009 was issued on 11.04.2009 inviting applications for engagement of Rehbar-e-Taleem (RET) teachers in different schools in District, Jammu. Two vacancies were advertised in Middle School (MS), Chargali, newly upgraded to Upper Primary School (UPS) in Gandhi Nagar Zone under SSA and against the vacancies of additional teacher. The eligibility qualification as prescribed in Condition No.3 was as under:— “(a) 10+2 pass for newly opened PS under SSA Plan 2008- 09/Additional Teachers in S/MPS. (b) Only ST candidates are eligible for the post of additional Teachers in S/MPS. (c) 10+2 pass for PS upgraded to UPS under SSA Plan 2007-08. (d) 10+2 with Math and Science for PS upgraded to UPS under SSA Plan 2008-09. (e) Any qualification acquired after cutoff for receipt of applications as per this advertisement shall not be considered.” Petitioners possessing 10+2 with science and math subjects alongwith other eligible candidates applied pursuant to the advertisement notice and were considered in the panel. 2. The respondents after considering the merit of all the candidates, prepared the tentative merit in which respondent Nos.5 and 6 were placed at Serial Nos.1 and 2 and petitioner Nos.1 and 2 figured at Serial Nos.3 and 5 respectively. During the pendency of the petition, vide order dated 18.08.2010, respondent No.6 was deleted from the array of the respondents as the petitioners did not wish to press the challenge to his selection, therefore, it is only the selection of respondent No.5 which is under challenge. 3. Petitioners are aggrieved of the selection on the ground that the selection has not been made in accordance with Government Order No.288-Edu of 2009 dated 08.04.2009 read with addendum to the Government Order. Government order No.288-Edu of 2009 dated 08.04.2009 reads as under:— “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 roots level. Government Order No. 288-Edu of 2009 Dated : 08-04-2009 The following explanation is added below Eligibility condition No.i laid down in Government Order No. 396 of Edu 2000 dated 28- 4-2000 (Rehbar-e-Taleem Scheme):— Explanation:— “Village means a Revenue Village. Government Order No. 288-Edu of 2009 Dated : 08-04-2009 The following explanation is added below Eligibility condition No.i laid down in Government Order No. 396 of Edu 2000 dated 28- 4-2000 (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 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.” 4. Since revenue village is Aitham and Chargali and Jhalani are its Morhas, the school being situated at Jhalani which is within one kms radius from Chargali and population is more than 300 souls, therefore, in terms of the Govt. order No.288-Edu of 2009 only residents of Jhalani and Chargali were to be considered for the post of RET but the respondents have made selection from revenue village Aitham in utter disregard to the Govt. order No.288-Edu of 2009. Since respondent No.5 is not a resident of Jhalani or Chargail but of revenue village Aitham, therefore, her selection is bad in view of Government Order No. 288-Edu of 2009. 5. The other challenge to the selection is on the ground that respondent No.5 does not have the qualification for the post which is 10+2 with Math and Science and since respondent No.5 has qualified 10+2 in Science Stream (Medical) only, therefore, she did not possess the basic eligibility for appointment to the post, as such, even her B.Ed. degree would be of irrelevance for the appointment to the post. Since petitioners have qualified 10+2 with Science and Math subjects, as such, were eligible and petitioner not being next in merit should have been selected. 6. As per the advertisement notice No.2 of 2009, applications were invited for engagement as RET in newly opened/upgraded Primary School under SSA and from eligible candidates from the revenue village where the school is functioning. It is stated by the official respondents that none of the candidates from Morha (Habitation) Chargali had applied for the post. 7. As per the report of village Chowkidar and Sarpanch, population of Morha Chargali is less than 300 i.e., 150 and distance of nearest habitation is more than one kilometer. It is stated by the official respondents that none of the candidates from Morha (Habitation) Chargali had applied for the post. 7. As per the report of village Chowkidar and Sarpanch, population of Morha Chargali is less than 300 i.e., 150 and distance of nearest habitation is more than one kilometer. Petitioners are residents of Morha Jhalani and respondent No.5 is resident of Aitham, since both the Morhas are in revenue village Aitham, therefore, Govt. order No.288-Edu of 2009 was not applicable, as such, selection was made on revenue village basis. Since the revenue village is Aitham, therefore, respondent being a resident of Village Aitham was rightly considered and appointed to the said post. 8. Respondent No.4 in his objections has submitted that in accordance with Administrative instructions, two vacancies were to be filled up one from medical stream and other from Science stream with Math. Respondent No.6 was selected from Math stream and respondent No.5 was selected from Science stream. Respondent No.6 being graduate with B.Ed. being more meritorious than the petitioner was selected for the said post of RET. Reliance is placed on communication addressed by Secretary to Government, Education Department to the Director School Education, Jammu under No. Edu/PS/Secy/11/2009 dated 22.06.2009, which stated the revised norms. 9. Keeping in view the instructions given by the Secretary to Government, Education Department to the Director, School Education, Jammu vide communication No.Edu/PS/Secy/11/2009 dated 22.06.2009 under revised norms as stated below:— “Kindly refer to your letter No.DSEJ/RET/593 dated 15.06.2009 regarding the subject cited above. SSA is a Centrally sponsored scheme and the various activities/interventions including opening/upgradation of primary schools have to be carried out as per the directions of the MHRD, Department of School Education and Literacy. In case of a conflict between any guidelines issued by the State and the MHRD the directions of MHRD shall prevail. MHRD, Department of School Education and Literacy has amended the framework for implementation of SSA w.e.f 01.04.2008 and revised norms for engagement of teachers for upper primary schools (Middle Schools). Under the revised norms one teacher has to be with Mathematics and one teacher with Science specific educational background. Wherever there is a need for additional teachers at upper primary level, to maintain the pupil teacher ratio of 40:1, the additional teachers sanctioned under SSA will need to be provided/recruited from Science/Mathematics educational background. Under the revised norms one teacher has to be with Mathematics and one teacher with Science specific educational background. Wherever there is a need for additional teachers at upper primary level, to maintain the pupil teacher ratio of 40:1, the additional teachers sanctioned under SSA will need to be provided/recruited from Science/Mathematics educational background. The Sates have also to deploy the existing Science/Math qualified teachers to cover as many as upper primary schools as possible. The amendment has been brought about with the clear objective of taking care of the academic interests of the students studying in upper primary classes where the courses is prescribed for Science and Mathematics are not easy to be taught. In view of the above revised norms for engagement of teachers in upper primary schools, Science and Math teachers with higher Scientific/mathematics qualification have to be given priority in keeping with the spirit behind the revised rule.” Therefore, in terms of the said communication, selection to two posts of UPS Chargali, one post i.e. respondent No.6, who was appointed from Mathematics specific educational background and another post that was advertised had to be taken from Science background. Since respondent no.5 possessed science background qualification in 10+2 and also higher qualification of B.Ed., therefore, she was rightly found meritorious and selected for the post of RET in UPS Chargali. 10. So far as application of Government Order No.288-Edu of 2009 dated 08.04.2009 is concerned, it is already settled by the LPA Court in case titled “Yasar Maqbool and ors. vs. State of J&K and ors.”, LPASW No.167/2016 decided on 26.04.2018 that two adjoining villages cannot be clubbed together as that would amount to adding new dimension to the eligibility criteria laid down in ReT Scheme in regard to the place of residence. Para 16 of the judgment reads as under:— “16. The Writ Court, after carefully noticing the provisions of Government Order No. 288-Edu of 2009 (supra), reached a conclusion that the two adjoining habitations cannot be clubbed together for the purposes of applicability of Government Order No. 288-Edu of 2009 (supra) as that would amount to giving new dimension to the eligibility which is not envisaged in the ReT scheme.” 11. In view of the fact that since the school was situated at village Chargali and there was no candidate available at village Chargali, therefore, the application was considered from revenue village Aitham in which both the villages Chargali and Jhalani are Morhas. Applications were invited from revenue village, respondent No.5 admittedly being a resident of village Aitham and possessing eligibility as well as higher qualification was selected for the post of RET in UPS Chargali, Village Aitham. 12. For the reasons stated above, this petition is without any merit and is, accordingly, dismissed. 13. Record be returned to the learned AAG against proper receipt.