RAJNI KUMARI Vs. STATE OF J. & K.

JUDGEMENT

(1.) These five appeals have been preferred against the common judgment and order dated 12.05.2011 passed by the learned Writ Court, dismissing five writ petitions filed by the appellants. Since the relevant facts and the points of law are identical in all these appeals, the same are dealt with by this common judgment. Perusal of the impugned judgment reveals that the writ petitions filed by the appellants have been dismissed by the learned Single Judge on two counts: first, that the selection process initiated in terms of notification dated 11.12.2002 had not been brought to its logical conclusion by the respondents till the issuance of Government order dated 24.11.2003, whereby the process of filling up of the vacancies of teachers through the medium of Rehbar-e-Taleem scheme was stopped; and second, that there has been delay or laches on the part of the petitioner-appellants in approaching the Writ Court. In fact, these appeals are vigorously contested by the respondents on the very same grounds. Given the factual matrices of the case, we feel that the two issues involved are intertwined. Therefore, the matter warrants examination, somewhat, in detail.

(2.) Way back in 2000, vide Government order No. 396-Edu of 2000 dated 28.04.2000, the State Government launched the Scheme of 'Rehbar-e-Taleem' (Teaching Guide) objected at: (i) promoting decentralized management of elementary education with the community participation and involvement; (ii) ensuring accountability and responsiveness through a strong backup and supervision through the community; and (iii) operationalising effectively the schooling system at the grass roots level. It was provided that the scheme shall be effectuated for provision of services of Teaching Guides in the Primary and Middle Schools to make up the deficiency of the staff as per the existent norms. The Scheme so formulated and promulgated, provided that the Teaching Guide shall be engaged by Village Level Committee (VLC) associating ZEO concerned as the Convenor. The relevant provisions of the scheme under the caption "Role of Village Level Committee" as to its composition etc. for the purpose of implementation of the scheme and the "mode of selection of a Teaching Guide" are reproduced hereunder:

(3.) Pursuant to the aforesaid scheme, the Chief Educational Officer, Jammu, issued an advertisement notice which was published in local dailies, including the Daily Excelsior in its issue dated 11.12.2002. The aforesaid notice stated as under: