LAWS(J&K)-2012-10-20

POOJA RANI Vs. STATE OF J&K & ORS.

Decided On October 18, 2012
Pooja Rani Appellant
V/S
State of JAndK And Ors Respondents

JUDGEMENT

(1.) Petitioner and the private respondent responded to the advertisement notice no. 7/2009 and sought consideration for being selected and appointed as R-e-T, which vacany was available on account of upgradation of Middle School, Gurha Mandlala. Two vacancies were advertised. On the terms and conditions of the advertisement notice, the candidates with mathematics and science background alone could respond to the said advertisement notice for being selected and appointed as R-e-T.

(2.) A merit panel of candidates was prepared, in which the petitioner with science background figured at Serial no. 1 having 78.5% marks at 10+2 level, whereas, the private respondent also with the science background figured at serial No. 3 having 48.3% marks at 10+2 level. The merit panel was subsequently changed, in which, private respondent figured at serial no. 1, whereas petitioner figured at serial no. 2. Private respondent, besides being 10+2 with Science subjects, was also possessed of B. A. degree in Arts. It appears that on the basis of this degree, private respondent was, subsequently, selected and appointed as R-e-T.

(3.) Learned counsel for the respondents submitted that in terms of Government Order No. 396-Edu of 2000 dated 28.04.2000 read with Government Order no. 1503-Edu of 2003 dated 01.10.2003, academic qualification viz.