SHABNUM NAZ Vs. STATE

JUDGEMENT

(1.) The Petitioner-Shabnum Naz has filed this Writ Petition seeking selection and appointment as Rehbar-e-Taleem (Teaching Guide) in Government Middle School, Debraj, Zone Mankote, besides quashing of the selection and appointment of M/s Mohd. Nisar, Malika Khatoon and Zareena Akhtar, Respondent Nos. 5 to 7 to the Petition.

(2.) The Respondents in their Response to the Writ Petition have justified the selection of private Respondents on the ground that Petitioners plea of being better in merit to the Respondents was incorrect, in that, she was not entitled to the additional weightage, which had been given to her in the Merit Panel, which qualification of her had been erroneously treated as equivalent to Graduation. According to the Respondents, was not equivalent to Graduation and her merit required assessment on the basis of her percentage of marks obtained in the Higher Secondary Part II, in terms whereof she secured only 37% marks whereas the Respondents had secured 46.03, 38.06 and 38.00 percentage of marks. The Respondents were, thus, better in merit to the Petitioner and their selection and appointment was legally valid. It is additionally pleaded that the Petitioner was not resident of Village Debraj and was, thus, disentitled to seek engagement as Rehbar-e-Taleem in Middle School, Debraj.

(3.) The first question that falls for consideration in this Petition is as to whether the Petitioner was rightly shown at Serial No. 1 of the merit list of candidates for engagement in Middle School, Debraj. To consider it, reference needs to be made to the merit of the Petitioner and the private Respondents. The Petitioners merit on the basis of HSP II is assessed as 37%, adding thereto the percentage of marks secured by her in her percentage of marks is shown to have risen to 49.05. As against the percentage of marks in HSP II, the percentage of the private Respondents is 46.03, 38.06 and 38.00 respectively.