ZARINA AKHTAR Vs. STATE

JUDGEMENT

(1.) ON 17th July, 85, a decision was taken by the State Government to accommodate the Instructors of Non Formal Education Centres who had continuously worked in these centres for four years. This accommodation was by way of absorbing 3% of such category of Instructors to the post of teachers. This Government Order, for facility of reference is being reproduced below: - "...Govt. Order No. 325 -Edu of 1985 Dated: 17 -07 -1985 Sanction is accorded to the reserving of 3% posts of teachers in each District for the Instructors of Non Formal Education Centres who have continuously worked in the Centres for at joint, four years and have also retained minimum enrolment of 25 students on an average for the same period. By order of the Government of Jammu and Kashmir. Sd/ -(Secretary to Govt.) Education Department."

(2.) THE appellants came to this Court with a prayer that they should be adjusted against this 3 percent reservation made available for part time Instructors working in Non Formal Education Centres. This plea of their was rejected on the ground that no such reservation is now mentioned in the Jammu and Kashmir Reservation Rules of 1994. It was observed that on account of enforcement of the above Rules, any reservation made vide any Government order would cease to operate. The observation made to the above effect by a learned Single Judge of this Court are the subject matter of challenge in the present appeal.

(3.) WE are of the opinion that the Jammu and Kashmir Reservation. Rules of 1994, are the Rules which are made under Article 16 (4) of the Constitution of India. Under this Article, the State can make a provision for reservation of appointment of a post in favour of any backward class or citizen which in the opinion of State is not having any representation. Therefore, the reservation contemplated by Reservation Rules of 1994 is entirely different. This has got nothing to do with the Order dated: 17th July, 1985 noticed above. The circular in question only provides a channel for appointment or for absorption. As in different services, there is a provision for making appointment by direct recruitment or by promotion and a ratio proportion is fixed, similarly, the circular aforementioned provides that whenever vacancies of teachers are to be filled, then atleast 3 percent posts should be filled from amongst the Instructors of Non Formal Education Centres who have continued to work for four years having an enrolment of 25 students on an average for the same period. As indicated above, the reservation contemplated by the Jammu and Kashmir Reservation Rules of 1994 is relatable and owe its origin to Articles 15 (4) and 16 (4) of the Constitution of India. The circular, referred to above, only provides for a channel of absorption. The scope of this circular is entirely different. It is not a reservation but, as indicated above, is a channel or mode of absorption of a person who has already rendered some service for the State and is working on a consolidated salary. As such, we are of the opinion that the view expressed by the learned Single Judge is not sustainable. The judgment under appeal is accordingly set aside. The State is directed to consider the claims of the appellant in terms of the circular referred to above. Disposed of as such.