PINKY DEVI Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dated 04.09.2012 passed by the learned Single Judge in SWP No.3054/2010 in a case, titled as, Shashi Chib vs State of J&K & others, whereby the writ petition filed by the writ petitioner, respondent no.5 herein, came to be allowed, with a direction to the official respondents to issue engagement order in favour of writ petitioner in accordance with rules after restoring the panel to its pre-revision stage (for short, impugned judgment).

(2.) The facts in brief are that vide Advertisement notice No.DIP/J-6844 dated 05.02.2009, issued by the Chief Education Officer, Samba, applications were invited from the eligible candidates having Science or Math stream for filling up the posts of Rehbar-e-Taleem Teacher in Upgraded Primary School, Dhora, Zone Vijaypur. Appellant and writ petitioner applied for their selection in Math stream. Writ petitioner secured 56.50% marks in 10+2 and 53.30% marks in B.S.C., whereas appellant secured only 42% marks at the 10+2 level and 44.9% marks in B.A., yet the official respondents placed the appellant herein at Serial No.1 in the revised panel on the ground that she was having Master's Degree in Hindi to her credit. Feeling aggrieved the writ petitioner questioned the same by the medium of SWP No.3054/2010 on the ground that in terms of the guidelines/norms of Rehbar-e-Taleem Scheme read with advertisement notice, a candidate who was having Science or Math background to his credit at 10+2 level was to be taken into consideration, and if any candidate was having Graduation Degree in Science or Math stream was to be given weightage/preference.

(3.) It was contended that since Master's Degree in Hindi was not relevant, therefore, placing the appellant herein at number one in the revised panel by the official respondents was illegal/wrong. It was contended that the writ petitioner was having better merit at 10+2 and graduation levels; therefore, he was entitled to be selected and appointed.