GURMEET KOUR Vs. STATE OF J&K

JUDGEMENT

(1.) the admitted fact situation, the appellant, who sought consideration for being selected and appointed on the post of Teacher, in pursuance to the advertisement notice No. 10 of 2005 dated 29.12.2005 issued by the J&K Service Selection Board, was not possessed of Post Graduation Degree on the last date of filing of the application. The appellant could not secure the requisite merit, thus, was not selected for being appointed on the post of Teacher in District Cadre, Poonch. The challenge thrown to the selection by the appellant suffered collapse, inasmuch as, the writ petition was dismissed by the Writ Court. The appellant, being aggrieved of the judgement dated 27th February, 2008, has challenged the same in this Letters Patent Appeal.

(2.) Learned counsel for the appellant submitted that the appellant was entitled to be given ten(10) points which were earmarked for the Post Graduation Degree by the Service Selection Board when they notified the criterion for making selection of the Teachers. Learned counsel submitted that though at the time of filing of application, the appellant had taken examination but she was not possessed of Post Graduation Degree, which was awarded to her after the cut off date for filing of application. Learned counsel further submitted that at the time of interview, the petitioner produced Post Graduation Degree Certificate, but no points have been awarded to her in this behalf. Learned counsel submitted that had ten (10) points been allocated to the petitioner she would have been selected and appointed on the post of Teacher. Learned counsel also produced the points for consideration in writing and also produced the Xerox copy of the judgment of the Hon ble Supreme Court titled Municipal Corporation of Greater Bombay and others vs. Dr. Sushil V. Patkar and others, 1991 Supp2 SCC 432 and titled Ashok Kumar Sharma and another Vs. Chander Shekher and another, 1993 Supp2 SCC 611 (hereinafter called as 1st Ashok Kumar Sharma s case). Learned counsel also submitted that the appellant has been appointed on the post of Teacher in a subsequent selection. Learned counsel, accordingly prayed for allowing this Letters Patent Appeal.

(3.) Mr. S. K. Shukla learned counsel for the respondent- Board submitted that admittedly, the appellant was not possessed of Post Graduation Degree on the last date of filing of the application forms, thus no credit was given to the same on the basis of criteria fixed by the Service Selection Board. Learned counsel further submitted that the last selected candidate in the open merit category had secured 49.30 points, whereas the appellant has secured only 42.70 points and accordingly was not selected. Learned counsel prayed for dismissal of the LPA.