MANZOOR AHED DAR Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS in all three applied for the posts (in District Badgam) of physical Education Teachers in the grade of Rs. 1200 -2040 in the department of Youth Service and Sports of J&K; Govt. pursuant to advertisement Notice No. 4 of 1997 dated 29.5.1997. Having been left out and not selected by J&K; Services Selection Board, they have preferred these writ petitions.

(2.) THE selection and consequent appointment of the selectees including respondents 3 to 23 against the posts of physical Education Teachers of District Budgam is challenged in terms of petition averment and submissions of the Ld. Counsel for the petitioner on the grounds that minimum qualification prescribed in the advertisement notice Annexure -B to the writ petition is matric with certificate course in physical Education. The candidates with B.P.Ed and M.P.Ed degree could not have been selected as the minimum prescribed qualification is not met in their case. As the selectees have to fill physical education teacher posts, the emphasis is on physical education course, body fitness, skill etc. rather than higher academic qualification. The Board without indicating in advertisement notice change of norms to include the B.P.Ed and M.P.Ed, could not have selected the candidates in violation of the above prescribed minimum qualification norms. The familiarity and skill with the basic element of the physical education course has been given go -by. In absence of any equivalent or higher qualification prescribed in the advertisement notice the norm of prescribed qualification of matric with certificate course in physical Education could not be ignored at the cost of petitioners. Counsel has also questioned method and mode of selection, in as much as, the Service Selection Recruitment Board has not maintained any record to show the division and merit for interview. The counsel in his oral submissions contends that the District -wise selection of posts is bad as the process itself violates provisions of Articles 14 and 16 of the Constitution.

(3.) THE first question for consideration is if a candidate possess, B.P.Ed or M.P.Ed qualification can it be treated higher qualification than the minimum matric with certificate course in physical Education and another connected issue is whether matric with certificate course in physical education can be said to be the only qualification prescribed for the physical education teachers in this case.