KOSHLYA DEVI Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) GOVERNMENT of Jammu and Kashmir vide Order No.396 -Edu of 2000 dated 28.4.2000 launched a Scheme of Rehbar -e -Taleem which envisaged appointment of teachers for making up the deficiency of staff existing in
primary and middle schools of the State. Under the Scheme, the
eligibility for appointment has been prescribed as follows:
"i. Rehbar -e -Taleem should be the permanent resident of the State. ii. He or she should belong to the village where there is assessed deficiency of staff. On the certification of VLC that no local candidate from the village is available, VLC can draw up the panel from the adjoining village. iii. He or she should possess the minimum qualification of 10+2. iv. The candidate shall as far as possible fulfil the age qualification as prescribed by the State Government. v. Due consideration shall be given by the VLC to the Scheduled Castes and Scheduled Tribes."
(2.) THE mode of selection prescribed was that the Village Level Committee after assessing the deficiency in Primary/Middle Schools within
the area of its operation, shall draw a panel of eligible qualified
persons and submit the same through Zonal Education Officer to the
concerned Deputy Commissioner, who along with the representative of
Director School Education would make the final selection commensurate
with the assessed requirement out of the panel. After such selection, the
formal order of engagement shall be issued by the concerned Zonal
Education Officer. The panel to be drawn up was required to be 11/2 times
of the assessed requirement and in the order of merit of eligible
(3.) UNDER the aforesaid Scheme, a panel of eligible candidates was drawn up for a deficiency existing in Middle School Puneja and the same
came to be submitted to Deputy Commissioner, Doda through Zonal Education
Officer, Thathri, Doda. Admittedly in the panel so submitted, the name of
petitioner, a female candidate, figured at Sr. No.4 and the name of
respondent No.4, a male candidate, was at Sr. No.5 in the order of their
respective merit. It is also the admitted case of respondents that the
merit of petitioner was better than respondent No.4.
The Deputy Commissioner while ignoring the better merit of petitioner selected respondent No.4 and consequently the Zonal Education
Officer, Thathri vide his order dated 30.6.2000 appointed respondent No.4
as a Rehbar -e -Taleem Teacher. It is also not being disputed that for
making the selection of respondent No.4, the Deputy Commissioner Doda had
not conducted any interview of the eligible candidates for judging the
comparative suitability of the candidates for appointment.;
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