- (1.)THE appointment to the post of RET teacher in village Rakh Amb Talli, Tehsil and Distt. Samba is subject matter of controversy in three writ petitions bearing SWP 1178/2006, 650/2007 and 1728/2007. These writ petitions are being disposed of by a common judgment as common questions of facts and law are involved.
(2.)THE State of J&K formulated and launched a scheme for Rebhar -e -Taleem to ensure its participation in the management of Education at grass root level. The sanction was granted for the applicability of the scheme on 28.04.2000 for providing teaching guides called Rebhar -e -Taleem in Primary and Middle Schools in order to make up the deficiencies of the staff. The scheme provides constitution of Village Level Committee, which was assigned the job to assess the requirement of teachers in Primary/Middle Schools within the area of their operation. The qualification provided for appointment of candidate was as under: -
(a) That he/she should possess the minimum qualification of 10+2; (b) That the candidates shall as far possible fulfill the age qualification as prescribed by the State Government; (c) That due consideration shall be given by the VLCs to the candidates belonging to scheduled castes and scheduled tribes.

(3.)IN pursuance to the aforementioned advertisement, applications seeking appointment to the post of RET teacher were filed by the petitioners. It is claimed that all the petitioners were eligible for seeking appointment as per the norms set out hereinabove.
It seems that the Selection Committee recommended the name of one Raj Kumar, who is respondent no.8 in SWP 1178/2006. His name was recommended for appointment and came to be appointed as RET teacher on 17.11.2000 against the post lying vacant in village Rakh Amb Talli, Samba. After engagement of the said respondent, it transpired that he did not possess 10+2 qualification which was the basic eligibility for appointment to the said post. This fact came to the notice of the official respondents, who initiated inquiry in the matter and vide Order No.163 of 2007 dated 29.03.2007, the appointment of respondent no.8 -Raj Kumar came to be terminated.