SHUJAT HUSSAIN SHAH Vs. STATE

JUDGEMENT

(1.) In the year 2003 two posts of ReT teachers in Primary School, Khanpora (Pariwan) Educational Zone H. C. Cam, Kulgam, were to be supplied. The said posts were advertised and various aspirants applied. List of eligible candidates was prepared wherein both petitioner and respondents No. 6 and 7 figured. The mini mum required qualification was 10+2. On the relevant cutoff date respondents No. 6 and 7 had passed B.A/B.Sc. Part-II year examination. The petitioner had passed 10+2 examination

(2.) Admittedly in 10+2 petitioner had secured 367/600 marks, respondent No. 6 318/600 and respondent No. 7 310/600.

(3.) In total 10 candidates had applied but in 10+2 petitioner possessed the highest marks, so on that basis being meritorious was entitled to be engaged as ReT teacher but respondent authorities engaged respondents No. 6 and 7 while treating them to possess higher qualification because of having passed B.A/B.Sc. Part II examination.