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| Controversy over the appointment of ReT teacher | | | Jagdev Singh’s death widely mourned JAMMU JAN-08- The death of Jagdev Singh President State Akali Dal, who passed away here yesterday, has been widely mourned by several Sikh organizations across the state. Shiromani Akali Dal (SAD) in an emergent meeting condoled the death of Jagdev Singh and expressed its sympathies with the bereaved family. The speakers while paying tributes to the deceased described him as a great visionary who selflessly served the community throughout his life adding that the deceased was a great social and religious leader besides being a matured and up right politician. Prominent among those who were present at the meeting included Kehar Singh Member DGPC, Jammu, senior Vice President SAD, Gurdev Singh, Vice President S Dayal Singh Wazir, General Secretary SAD and Amrik Singh member DGPC, Trilochan Singh Bijral, Jagit Singh, Jagbir Singh, Avtar Singh, Baldev Singh, Kesar Singh, Paramjit Singh and master Jasbir Singh. Sikh Naujwan Sewadar Sabha Gurdwara Kalgidhar Rehari Jammu in a condolence meeting held under the chairman ship of Charanjeet Singh expressed great shock over the death of Jagdev Singh and prayed for his eternal peace and courage to the family members to bear this irreparable loss. Bhai Kanahiya Jee Nishkam Seva Society also organized a meeting to condole the death of Jagdev Singh. The participants in the meeting expressed grief and shock over his death and described late Jagdev as a real Panthak leader of Jammu and Kashmir who always highlighted the problems of the Sikh community. According to a hand out, Mahant Manjit Singh of Shiromani Dera Nangali Sahib Poonch also visited the house of late Jagdev Singh to personally condole the death and convey sympathies with the bereaved family. He said his death is a great loss to the Sikh community, which is difficult to be filled in. He also led the funeral procession and performed his last ARDAS at Jogi Gate cremation ground here and also conveyed his sympathies with the bereaved family. Several other Sikh leaders have also condoled the death of the President SAD. These included Paramjit Singh President AISFF, Manmohan Singh Chairman Gole Gujral, Gajan Siangh Chairman Sikh Sangat and Rajinder Singh Chairman Guru Granth Sahib Study Circle.
Jammu, January 8, 2007 Division Bench of J&K High Court Jammu wing comprising Chief Justice BA Khan and Justice JP Singh in an appeal filed by a sitting teacher directed Commissioner /Secretary and Director Education Jammu to consider private respondent for appointment to the post of Rahber-e-Taleem Teacher, which is said to be available at Gandhi Nagar and adjust appellant at Gandhi Nagar and private respondent to Malka Chak, so long as both candidates are accommodated in the peculiar facts and circumstances of the case. Division Bench while deciding the controversy, after hearing Advocate Radha Sharma appearing for the appellant and Advocates Abhinav Sharma and DS Chouhan appearing for the respondents, observed that a lot of controversy has been going on resulting in litigation being brought before this Court, involving interpretation of word ‘belong’ occurring in the Rahber-e-Taleem Scheme promulgated by the Government on April 28, 2004. Courts have taken different views interpreting this word one way or the other and the Division Bench of this Court has also taken the view that word ‘belong’ did not necessarily mean that the candidate should be resident of the village at the time of selection and recruitment. It was in this background that this Court asked the Government to issue an explanation/definition of word ‘belong’ occurring in the scheme which has been done by the Government and it has been clarified that a candidate to be appointed under the scheme should be actually residing in the village where the deficiency of the teacher is found at the time of appointment in the village.
Division Bench further observed that this definition/interpretation/explanation would be operative prospectively and should pose no problem as far as any future selection and appointment was involved. But there are few cases pending which have been decided on the view taken by the Division Bench earlier which runs counter to the explanation of the Government to the word ‘belong’. The problem that arises is how to reconcile the proposition laid down by the Division Bench of the State High with the explanation issued by the Govt. It was in these circumstances that Government was required to explore possibility of making available few posts (3 to5) which could be utilized to accommodate both candidates who have been excluded from selection and appointment on the interpretation of the word ‘belong’ and which found no affirmation on the view taken by some Courts, including the Division Bench of the State High Court. Thus the candidates in difference to the Court orders would have to be accorded consideration and accommodated also because otherwise they would be suffering vagueness of the terms of the scheme which sadly has generated litigations over the years and instead of providing employment has dragged educated youth to the Courts to contest their claims on abstract definition used in the scheme. In the present case, the appellant has already been adjusted and is continuing in terms of interim orders passed by this Court, even though she belongs to an adjacent village of Sum, which under the recent definition would have excluded her. The same would have been the fate of private respondent. With these observations the Division Bench disposed off this appeal by directing the commissioner/ secretary to Government and Director Education Jammu to accommodate appellant and private respondent.
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