Nazima Amin vs State and Others

J.P. Singh, J.—Tahira Parveen-Respondent No. 5 was refused consideration for selection as 3rd Teacher in Government Primary School,

Lower Munda on the ground that she was ineligible to compete in the selection process for having crossed the maximum age limit of 37 years on

the cut off date indicated in the Advertisement Notice published in Daily 'Tamil-i-Irshad' dated 03.09.2009.

Aggrieved by the rejection of her candidature, she filed Writ Petition SWP No. 1643/09 questioning the Tentative Select List, for selection of

the 3rd Teacher.

This Writ Petition was allowed on 02.04.2010 upsetting rejection of the Writ Petitioner's candidature and a direction was issued to the State-

Respondents to consider her also for selection, in case, she was otherwise found eligible therefor.

Nazima Amin, who figured in the Tentative Select List, has filed this Letters Patent Appeal questioning the judgment of the Writ Court.

Appellant's learned Counsel submits that the Writ Court had erred in relying on Government Order No. 559-GAD of 2008 dated 23.04.2008,

whereby maximum age limit for direct recruitment to Government service in respect of Socially and Educationally Backward Classes viz. Weak

and Under Privileged Classes (Social Castes), resident of areas adjoining Line of Actual Control(ALC) and resident of Backward Areas (RBA)

stood enhanced to forty (40) years, while considering Writ Petitioner's entitlement to consideration for selection as 3rd Teacher. According to him,

engagement of the 3rd Teacher under the Rehbar-e-Taleem Scheme being not a Government employment, Government Order No. 559-GAD of

2008 dated 23.04.2008 would have no application to the selection of the Teachers under the Rehbar-e-Taleem Scheme.

We have considered the Appellant's counsel's submission and gone through Government Order No. 396 of Edu. 2000 dated 28.04.2000

according sanction to the launching of the Scheme of Rehbar-e-Taleem.

Eligibility conditions prescribed in the Scheme read 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 confirmation of VLC that no local candidate from within

the village is available, VLC can draw up the panel from the adjoining village,

iii) He or she possess the minimum qualification of 10+2.

iv) The candidate shall as far as possible fulfill the age qualification as prescribed by the State Government.

v) Due consideration shall be given by the VLCs to the Scheduled Castes and Scheduled Tribes.

Clause (iv) of the above referred eligibility conditions indicate that a candidate desirous of seeking consideration for engagement under the

Scheme had to be within the age group as prescribed by the State Government for candidates seeking entry into the State Government service.

In terms of the Rehbar-e-Taleem Scheme, a candidate desirous of seeking consideration for selection as Rehbar-e-Taleem must, in terms of the

eligibility conditions, fulfill the age qualification, of course, as far as possible, as prescribed by the State Government. The age qualification

prescribed by the State Government for those belonging to Socially and Educationally Backward Classes, would thus ipso facto apply to the

candidates seeking selection as Rehbar-e-Taleem notwithstanding that the Scheme did not provide for reservation in selection to candidates

belonging to the Socially and Educationally Backward Classes.

With the enhancement of maximum age limit for direct recruitment to Government service in respect of Socially and Educationally Backward

Classes i.e. Weak and Under Privileged Classes (Social Castes), resident of areas adjoining Line of Actual Control(ALC) and resident of

Backward Areas (RBA) to forty years, the Rehbar-e-Taleem Scheme, too, shall be deemed to have provided the same maximum age limit for

candidates belonging to Socially and Educationally Backward Classes, seeking consideration for engagement as Rehbar-e-Taleem.

In this view of the matter, rejection of Writ Petitioner's case by the Respondents on the ground of her having crossed 37 years of age was bad

in law, in that, the Respondents had omitted to take notice of Government Order No. 559-GAD of 2008 dated 23.04.2008, in terms whereof, the

upper age limit for direct recruitment to Government service in respect of Socially and Educationally Backward Classes stood extended to forty

years.

The plea set up by learned Counsel for the Appellant that engagement under the Rehbar-e-Taleem Scheme being not an appointment into

Government service, Government Order No. 559-GAD of 2008 dated 23.04.2008 could not be applied in the case of selection of Rehbar-e-

Taleem, is thus found misconceived, in that, adaptation of one or the other Government rules or norms as the eligibility condition(s) for candidates

seeking selection for engagement as Rehbar-e-Taleem under the Rehbar-e-Taleem Scheme by the framers of the Scheme was not in any way

impermissible and the adopted rule would apply to selection under the Scheme, regardless of the fact that engagement as Rehbar-e-Taleem was

not entry into Government service.

The Writ Petitioner, who belonged to the Socially and Educationally Backward Classes has thus been rightly found entitled to consideration for

selection as 3rd Teacher by the Writ Court.

We, therefore, do not find any merit in the Appeal to interfere with the judgment delivered by the Writ Court.

This Appeal, which lacks substance, is, accordingly, dismissed.