FARAH JEELANI Vs. STATE OF J&K

JUDGEMENT

(1.) THE two petitioners have challenged the selection of teachers for District Budgam (Annexure -K) based on advertisement notices dated 24 -12 -1996 and 09 -09 -1997. Petitionerâ„¢s case is that despite being meritorious with higher qualification, both of them though applied for the posts and appeared in the interview, were not selected/appointed for no reason. Petitioner No. 2 had earlier filed a writ petition and questioned selection of candidates for District Budgam based on advertisement notice issued in the year 1995. Pursuant to non -implementation of some of the orders in the earlier petition (SWP No. 4186 -97/96), the contempt petition was also filed against the respondents. The respondents/competent authority irked by this action of petitioner No. 2, dropped her maliciously without duly assessing her merit/qualification for purpose of selection as teacher to the available posts. Respondent No. 2 is M.A. in Islamic Studies. She has got 2nd division in B.A. as well as in M.A. Similarly petitioner No. 1 who is a graduate and first divisiner in Secondary School, Higher Secondary School and B.A. Examination, was also left out. There was no written test. The interview conducted of the two applicants was a farce and just a mere formality to be gone through rather than an exercise to assess merit/qualification/ability/aptitude etc. of petitioners for selection to the post of teachers. Various malpractice in the selection are committed. Candidates with brilliant academic career have been left out, whereas, candidates with lesser qualification and merit have been taken. Extraneous consideration have gone into the selection process. Petitioners possess higher merit and qualification than many of the selected/appointed candidates including respondents 5 to 48.

(2.) THE norm/criteria for selection/appointment of teachers in this case laid down by the Subordinate Service Selection Board is as under: -

(3.) RESPONDENTS have been given ample opportunity. Neither the Service Selection Board nor respondents of Education Department nor the State Govt. has filed reply. The writ petition came to be admitted on 18.10.99. Private respondents who were set exparte, have choosen not to contest the case. Even official respondents have not come forth to contest the case. Infact, Mr. Qadri for respondents 1 to 3, and Mr. A.M. Shah for respondent No. 4 have tendered statement (s) that as there is no feed back to them, they are not in position to file counter/ reply. Petitionerâ„¢s counsel presented judgment date 18.10.99 in LPA (SW) 364/99 and the parties conceded that this case is squarely covered by the above judgment. It was in this background that the parties were heard.