Authority: High Court of Jammu & Kashmir and Ladakh, Srinagar

Order Date: 07.08.2026

Case Overview

  • Petitioners: Naseer Ahmad Khan and Altaf Ali Lone (private respondents in SWP No.949/2018) filed writ petition SWP No.2166/2011; Private respondents: Naseer Ahmad Wani and Mushtaq Ahmad Malik filed writ petition SWP No.949/2018.
  • Respondents: State of J&K and other official respondents (Chief Education Officer, Kupwara; Zonal Education Officer, Kupwara; etc.).
  • Background: Order No.SSA/Kup/Op/117-175 dated 17.06.2010 sanctioned opening of a new primary school under Sarva Shiksha Abhiyan (SSA) in Kanwal Mohalla, Batpora, District Kupwara. Advertisement on 08.08.2010 invited applications for two Rehbar‑e‑Taleem (ReT) teacher posts.
  • Initial tentative selection list (published 11.12.2010) named the petitioners as selected candidates. Private respondents objected, claiming the school was in Kanwal Mohalla, Balhama, not Batpora.
  • Chief Education Officer, Kupwara, formed a committee; District Education Planning Officer’s report (based on Tehsildar’s report) concluded Kanwal Mohalla belongs to Patti Balhama. A corrigendum dated 31.03.2011 changed the jurisdiction to Patti Balhama and expelled Batpora candidates.
  • A fresh selection list then included the private respondents instead of the petitioners.
  • Petitioners filed writ petition SWP No.2166/2011 seeking direction to proceed with their selection; they later amended the petition to challenge the corrigendum and enquiry report.
  • The learned Additional Advocate General (AAG) argued the corrigendum was not in conformity with scheme norms and should be set aside.
  • On 26.07.2012, the Single Judge directed official respondents to select candidates based on revenue village Hyhama, issue a corrigendum, and consider merit on academic qualifications. A subsequent corrigendum (published 10.08.2012) invited all eligible candidates from revenue village Hyhama.
  • Merit list prepared after this corrigendum placed the petitioners at the top; engagement orders were issued to them on 20.10.2012, and they have been functioning as ReTs since.
  • Private respondents filed a Letters Patent Appeal (LPA No.79/2012) against the 26.07.2012 order; the Division Bench allowed the appeal on 11.03.2014, setting aside the order and remanding the matter to the Single Judge.
  • The private respondents then filed writ petition SWP No.949/2018 challenging the 20.10.2012 engagement orders.
  • Petitioners argued the school was established in Kanwal Mohalla Batpora, and that Balhama could not be a habitation unit for selection under Government Order No.288‑Edu (08.04.2009) because the distance between Balhama and Batpora is only 167 metres (less than the required one kilometre).
  • Private respondents relied on the enquiry report and Tehsildar’s communication stating Kanwal Mohalla is part of Balhama, thus insisting the unit of selection should be Balhama.
  • Official respondents gave contradictory positions: in reply to petitioners they supported the corrigendum and enquiry report; in reply to private respondents they cited a communication dated 03.11.2010 clarifying Kanwal Mohalla as part of Batpora and defended selection based on revenue village.
  • The Court examined the original order dated 17.06.2010 establishing the school in Kanwal Mohalla, Batpora, and noted the corrigendum dated 31.03.2011 lacked any reference to the State Project Director of SSA and was issued unilaterally by the Chief Education Officer, exceeding his competence.
  • The Court held that the school’s location is unequivocally Kanwal Mohalla, Batpora; therefore, selection must be confined to residents of that habitation. Both petitioners reside in Batpora and are the most meritorious candidates from the entire revenue village Hyhama.
  • The Court also observed that Balhama does not satisfy the one‑kilometre distance requirement under GO No.288‑Edu, rendering it ineligible as a unit of selection.

Final Outcome

  • Writ petition SWP No.2166/2011 (petitioners) is allowed; the corrigendum dated 31.03.2011 and the enquiry report are set aside.
  • Writ petition SWP No.949/2018 (private respondents) is dismissed as without merit.
  • Official respondents are directed to allow the petitioners to continue functioning as Rehbar‑e‑Taleem teachers pursuant to the engagement orders dated 20.10.2012.

Topics: Education Recruitment, Judicial Decision