JOOZI AKHTER Vs. STATE & ORS.

JUDGEMENT

(1.) This writ petition owes its origin to an Advertisement notice inviting applications from eligible candidates for filling up the posts of Ret in the Upgraded Primary School, Nihar, Zone Slorgam.

(2.) Petitioner and respondent No. 5, having Science background at the level of 10+2, applied and respondent No. 5 came to be selected and engaged on the ground that she was having B. Ed. at her credit and was more meritorious than the petitioner, who was having only B. A. qualification to her credit.

(3.) Feeling aggrieved, the petitioner has questioned the selection and engagement of respondent No.5 on the ground that in terms of the advertisement notice the qualification of Science background at 10+2 level was only to be considered and, if any candidate was having higher qualification in the Science Subject, preference had to be given to him. In the case at hand, admittedly neither the petitioner, nor respondent No. 5 is having the required qualification i.e. higher qualification in Science/Mathematics stream, but both of them have graduated in Arts.