JAVED IQBAL Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dated 26.09.2012 passed by the learned Single Judge in SWP No.222/2010 in a case, titled as, Amreena Kouser vs State of J&K & others, whereby the writ petition filed by the writ petitioner, respondent no.5 herein, came to be allowed, with a direction to the official respondents to issue engagement order in favour of writ petitioner after proper verification in accordance with rules (for short, impugned judgment).

(2.) The facts in brief are that vide Advertisement notice No.CEOP/SSA/545-566 dated 18.04.2009, issued by the Chief Education Officer, Poonch, applications were invited from the eligible candidates having Science or Math stream for filling up the post of Rehbar-e-Taleem Teachers in Government Middle School, Thamlote, Village Chajla, Education Zone Mankote. Appellant and writ petitioner applied. Writ petitioner secured 52.27% marks, whereas appellant secured only 38.50% marks at the 10+2 level, yet official respondents made selection of appellant herein on the ground that he was having Bachelor's Degree in Arts stream to his credit. Feeling aggrieved the writ petitioner questioned the tentative selection of appellant herein by the medium of SWP No.222/2010 on the ground that in terms of the guidelines/norms of Rehbar-e-Taleem Scheme read with advertisement notice, a candidate who was having Science or Math background to his credit at 10+2 level was to be taken into consideration, and if any candidate was having Graduation Degree in Science or Math stream was to be given weightage/preference.

(3.) It was contended that since Graduation Degree in Arts was not relevant, as the post in question was meant for candidates having Science stream, therefore, selecting the appellant herein against the post in question by the official respondents was illegal. It was contended that the writ petitioner was having better merit at 10+2 level; therefore, she was entitled to be selected and appointed.