FEROZA AKHTER Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against judgment dated 09.07.2012, rendered by the learned Single Judge of this Court holding that the appellant was not entitled to be appointed to the post of Rehbar-e-Taleem Teacher in preference to the selected candidate-respondent no. 5 in the newly upgraded Middle School at Dadipora, Tehsil Kulgam.

(2.) THE facts have remained undisputed. The post of Rehbar-e- Taleem was to be filled up by selecting a person having Math background. The appellant had 10+2 qualification with subject of Math whereas respondent no. 5 had Math background upto 10+2 and graduation level also. The question which has been decided by the learned Single Judge is that qualification of graduation with Math background has to be given weightage in preference to those like the appellant who has Math background upto 10+2 level. The aforesaid weightage was also required to be accorded on the basis of communication dated 27.05.2009. The learned Single Judge also placed reliance on two judgments of this Court rendered in the case of Joozi Akhter v. State (SWP No. 1845/2010) decided on 02.05.2012, wherein it was held that in addition to 10+2, the reckonable qualification is graduate degree like B. A, B.Sc, B.Com etc. Again in the case of Afroza Jan v. Feroza Ahmad Parray (LPA No. 117/2011) decided on 04.08.2011, it has been held that a candidate having graduation with Math background would have edge over the one who has 10+2.

(3.) THE other argument that the appellant is graduate with B.A, B.Ed Degree would also not required any detail consideration because it is conceded that the appellant did not opt Math as a subject at B.A level or at any other degree course.