KOSHLYA DEVI Vs. STATE OF J&K
LAWS(J&K)-2006-4-33
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 03,2006

Koshlya Devi Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (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 candidates.
(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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