MOHAMAD YASIN SABRI Vs. STATE AND ORS.

JUDGEMENT

(1.) The Zonal Education Officer respondent No. 5 herein vide advertisement notice No. Eng/ReT/2010-11/5212-25 dated 11.12.2010 invited applications from eligible candidates for available vacancies of Rehbari Taleem in six Primary and Middle Schools of Education Zone Drass, including Primary School Masjidgam Gindyal. The petitioner responded to the advertisement notice and so did S/Sh Niyaz Ahmad son of Ghulam Nabi, and Mohamad Shabir Ahmad son of Abdul Rashid both residents of Masjidgam Gindyal, Drass respondents 6 and 7 herein. Before the selection process could be taken to its logical end, the petitioner raised objection as regards eligibility of the respondents 6 and 7 to participate in the selection process. The petitioner took stand that the respondents 6 and 7 had not passed their Matriculation Examination through J&K State Board of School Educa tion and thus were not eligible to be appointed as Rehbari Taleem. It was contended by the petitioner that the academic certificates produced by the respondents 6 and 7 were issued by some unknown Board of a different State wherein high percentage of marks is shown to have been obtained by the respondents 6 and 7. The certificates produced by the respondents 6 and 7 were also alleged to be fake and fictitious. The petitioner on 01.03.2011 and 07.06.2011 raised these issues in two written represen tations addressed to the Deputy Commissioner/Chief Executive Officer, Ladakh Autonomous Hill Development Council Kargil. The respondents 4 and 5 on their part also addressed the communications No. ReT Trs/2011/598 dated 10.03.2011 and SSA/ReT/5798-5802 dated 17.03.2011 to the Director, School Education Kashmir-respondent No. 2. The petitioner apprehending that the respondents 4-5 may go ahead with the selection process and engage respondents 6 and 7 against the advertised positions has come up with the instant petition praying for following reliefs:-

(2.) The petitioner's case is that the respondents 6 and 7 have passed Molvi examination that cannot be equated with Matriculation unless and until the respon dents 6 and 7 also pass Matriculation Examination in English from the J&K State Board of School Education. It is pleaded, that the respondents 6 and 7 do not satisfy the eligibility criteria prescribed for ReT as notified vide advertisement notice in question and thus have no right to participate in the selection process for Rehbari Taleem Masjidgam Gindyal, Drass, much less get selected against the advertised post.

(3.) The respondent 1 to 4 have not filed their reply to the writ petition. However, respondents 6 and 7 in their reply deny that the petitioner has any cause of action to file and maintain the writ petition. The respondent No. 6 claims to have passed Molvi examination in the year 2007 from the Board of Arabic and Persian Exami nation Uttar-Pradesh and thereafter Intermediate Examination in the year 2010 from the Board of High School and Intermediate Examination Uttar-Pradesh. The respondent No. 7 claims to have passed Molvi Examination in the year 2005 from the Board of Arabic and Persian Examination Uttar-Pradesh and thereafter Inter mediate Examination in the year 2010 from the Board of High School and Interme diate Examination Uttar-Pradesh. It is pleaded, that in terms of OM of Ministry of Personal Public Grievance and Pension Department of Personal Training Establish ment (D) Section New Delhi, dated 23.02.2010 the qualification possessed by the petitioners is equivalent to the Class XII qualification. The academic certificates annexed by the respondents 6 and 7 with their applications, are said to have been duly verified by the Board Authorities of the Uttar-Pradesh vide communication dated 10.05.2011,11.05.2011 and 12.05.2011. The respondents 6 and 7, insist that as they satisfy all the requirements set out in the advertisement notice and the criteria prescribed under rules, they are entitled to be considered for engagement as Rehbari Taleem in Masjidgam Gindyal, Drass,