Case Note & Summary
The dispute arose from the appointment of the appellant as a Rehbar-e-Taleem (RET) teacher under a scheme initiated by the State Government. The appellant was appointed on 3 December 2007 after a selection process that included candidates from her village, Chak Koura, and the neighboring village, Bakore, where the school was located. The fifth respondent, a candidate from Bakore, challenged the appellant's appointment through multiple writ petitions, claiming eligibility based on the RET Scheme's requirement that candidates must belong to the village where the school is situated. The High Court initially upheld the fifth respondent's claims, leading to the appellant's appeal to the Supreme Court. The appellant argued that the fifth respondent had not objected to the initial appointments of candidates from Chak Koura and that the villages were adjacent, justifying a combined select list. The fifth respondent contended that the appellant's appointment was invalid as she did not belong to Bakore. The Supreme Court found that the fifth respondent's delay in challenging the appointment undermined her claims, noting that the Select List from 2003 could not be enforced after such a long period. The court also recognized the bona fide decision to combine the lists due to the lack of a school in Chak Koura. Ultimately, the Supreme Court allowed the appeal, set aside the High Court's judgment, and dismissed the writ petitions filed by the fifth respondent, affirming the appellant's appointment.
Headnote
A) Education Law - Appointment Validity - Delay in Challenge - Constitution of India, Article 226 - The fifth respondent's challenge to the appellant's appointment was delayed by four years, which disentitled her from claiming relief. The court emphasized that the proximity of the villages and the absence of a school in the appellant's village justified the combined select list. Held that the delay and the circumstances surrounding the appointment did not vitiate the appellant's position (Paras 17-19).
Issue of Consideration
Whether the appointment of the appellant as an RET teacher was valid despite the fifth respondent's claims of eligibility.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and dismissed the writ petitions filed by the fifth respondent, affirming the appellant's appointment as valid.
Law Points
- Eligibility criteria
- delay in challenging appointment
- combined select list
- regularization of service
- proximity of villages
