ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioners in these petitions possess matriculation qualification with technical qualification of C.P.Ed. It is submitted at the bar by the learned counsel for the parties that in terms of Jammu and Kashmir Educational Subordinate Services Recruitment Rules, 1979/1992 (for short Rules), the petitioners are eligible for seeking consideration for being selected/appointed on the posts of Physical Education Teachers.

(2.) The respondent-Board issued Notifications dated 28.12.2006 and 05.10.2007, whereby applications were invited from the eligible candidates for being considered for being selected/ appointed on the posts of Physical Education Teachers in different Districts. In the said notifications, the education qualification prescribed was 10+2 with C.P. Ed. The petitioners could not respond to the said notification for the reason that eligibility of qualification was provided as 10+2. The petitioners admittedly being matriculate, the education qualification prescribed under the said notifications did not synchronize with the eligibility qualification provided under the Educational (Subordinate Services) Rules of 1979/1992. One more notification bearing No. 06 of 2008 dated 28.05.2008 was issued by the Board, in which the respondent-Board prescribed the correct qualification viz. matriculation with C.P.Ed for the said post. The petitioners at that point of time had turned overage and, thus, in terms of the said advertisement notification did not file their applications seeking consideration for being selected/appointed on the posts of Physical Education Teachers. The petitioners were constrained to file these writ petitions seeking a direction to the Government and its Authorities to relax the upper age limit in their favour in accordance with the Government Order with further relief that they be subjected to the selection process for the posts of Physical Education Teacher.

(3.) The Court while issuing notice, directed the respondents to entertain the applications of the petitioners for the post of Physical Education Teachers so as to enable them to participate in the process of selection. The petitioners were interviewed for being selected/appointed on the post of Physical Education Teacher in terms of Court order and not in their own right. Service Selection Board has made recommendations of the selected candidates to the Competent Authority in the Government and Competent Authority in the Government has issued appointment orders in favour of the selected candidates.