MUZAFFAR ZAMAN SHAH Vs. STATE & ORS

JUDGEMENT

(1.) The petitioner has challenged Circular No. F (Clarification-equal/Recog)Acad/KU/10 dated 17th May, 2010 and the tentative select list of candidates for the post of ReT in Primary School Balapora, B. K. Pora, Budgam so far as it pertains to selection of Respondent No. 7. The grievance projected by the petitioner in this writ petition is mainly based on the validity of his higher qualifi cation having been rejected, resulting in his exit from the zone of consideration for selection against the post in question. It is pleaded by the petitioner, that he has, to his credit, the degree of M.Sc in Environmental Science, obtained through Bharathiar University, Coimbatore, School of Distance Education. The petitioner seeks a direction in the name of respondents to the effect that his post graduation degree be given effect to and, accordingly, he be appointed against the post in question.

(2.) Petitioners in this writ petition are aggrieved of a Notice dated 29th August, 2009, issued by J&K Public Service Commission Srinagar, whereby the interview schedule for various posts was published. The petitioners challenge the Note appended to the said notification which seeks undertaking from the competing candidates to the effect that the degrees obtained from the Universities other than Jammu University/Kashmir University, have not been obtained through Distance Mode.

(3.) Petitioners also throw challenge to communication dated 18th August, 2009 of Higher Education Department on the ground that the same has been made basis for insertion of, a note appended with the notification impugned, and seek its quashment. The petitioners also seek a direction in the name of respondents to treat the petitioners as holding valid M. Phil/Ph.D. degrees in their respective subjects and entitled to compete for the post of Lecturer advertised vide notification No. 06-PSC of 2009 dated 06.03.2009.