NISHA SHARMA Vs. STATE

JUDGEMENT

(1.) Responding to the Jammu and Kashmir Services Selection Boards Advertisement Notice No. 7 of 1995 dated 12th October, 2005 inviting applications from eligible candidates for selection against 84 posts of Teachers in District Kathua, the petitioner-Nisha Sharma, holding B.Sc, B.Ed with additional qualification of M.Ed, sought her consideration for selection against one of the posts. She was not, however, selected, and aggrieved thereby she approached this Court by her Writ Petition SWP No. 686/97.

(2.) The petitioner was found to have been denied selection wrongly, in that, she was not allowed weightage for possessing the additional qualification of M.Ed to which she was entitled in terms of the criteria fixed by the Board for the selection of candidates. Thus, finding her merit more than the last selected candidate, a direction was issued to the Jammu and Kashmir Sub-ordinate Service Recruitment Board to consider her for selection allowing her additional weightage for M.Ed and forward its recommendations to the appointing Authority for her appointment as Teacher within a period of two months. The directions having not been complied with by the respondents, the petitioner again approached this Court by her Contempt Petition COA (SWP) No. 145-7/2001. In view of the observations made by the Court in the petitioners Contempt Petition, the State-respondents, ultimately issued orders for petitioners appointment as Teacher in the year 2003.

(3.) The petitioner has again approached this Court seeking retrospective effect to her appointment as Teacher ordered vide Chief Education Officer, Kathuas Order No. CEOK/6241-45 dated August 08, 2003 with all consequential benefits of seniority, pay fixation and arrears of salary. Besides questioning the maintainability of the petitioners Writ Petition, the State-respondents have contested her entitlement to retrospective appointment saying that it was impermissible under rules to permit her retrospective appointment with consequential service benefits. I have considered the submissions of learned counsel for the parties.