SYED YASER ARAFAT Vs. STATE AND ORS.

JUDGEMENT

(1.) Chief Education Officer, Poonch respondent no. 3 herein, vide Advertisement Notice No. CHOP/SSA/545-566 dated 18th April, 2009, invited applications from eligible candidates for engagement as Rehbar-e-Taleem in newly opened and Upgraded Primary Schools of the District including Primary School Manuwali, Village Serf Surankote, upgraded under SSA Plan 2007-2008, as Upper Primary School.

(2.) The petitioner having passed 10+2 examination with Science subjects and also having B.A and B.Ed Degrees to his credit, also applied for the advertised vacancy. The respondent no. 3, vide Corrigendum No. CEOP/SSA/579-600 dated 24th April, 2009, notified that for Upper Primary School, (Upgraded during 2008-2009 plan), the candidates must have Science/Math subjects. The respondent no. 3, by yet another Corrigendum No. CEOP/983-1004 dated 7th August, 2009, directed Para3 (a) of the Advertisement Notice dated 18th April 2009, to read as "for UPS (Upgraded during 2007-2008 and 2008-2009 plan), the candidate must have Science/Math subjects". The petitioner as stated responded to the Advertisement Notice and so did Shri Manzoor S/o Abdul Gani Malik R/o Seri Chowana Tehsil Haveli District Poonch, impleaded as party respondent no. 5 vide Order dated 12th November, 2010.

(3.) The petitioner's case is that notwithstanding his academic qualification and in particular, B.Ed Degree, he has been placed at Serial No. 3, in the panel prepared by the respondent no. 4, and the candidates having only B.Sc Degree to their credit have been placed at Serial Nos. 1 and 2. The petitioner on the basis of his B.Ed Degree claims an edge over the candidates included at Serial Nos. land 2 and seeks quashment of the panel prepared by respondent no. 4. A writ of Mandamus directing the respondents to place the petitioner at Serial No. 1 is also prayed for.