JAVEED AHMAD KHANDAY Vs. STATE OF J&K

JUDGEMENT

(1.) The appellant and respondent No. 6 in LPA No. 144 of 2010, responded to advertisement notice issued by Zonal Education Officer, Srigufwara, Anantnag-respondent No. 5 in the appeal on 02.03.2009, inviting applications from the eligible candidates for available vacancies of Rehbar-e-Taleem in Math and Science stream in Government Girls Primary School, Hitigam. However, the appellant found place at S. No. 3 in the tentative list prepared by the official respondents, where as respondent No. 6 was placed at S. No. 2 i.e. ahead of the appellant.

(2.) The appellant and respondent No. 5 in LPA 122/2010, similarly submitted their applications for Rehbar-e-Taleem positions available in Government Primary School, Wanghama in Mathematics stream, however the respondent No. 5 was shown at S. No. 1 in the tentative list prepared by the official respondents and the appellant placed at S. No. 2 in the list.

(3.) The appellants in LPA's 114/2010 and 122/2010 having B.Ed degree to their credit and Mathematics at 10+2 level, felt aggrieved with their placement in the tentative selection lists and filed writ petitions registered as SWP Nos'. 780/2009 and 922/2009. The petitioners' case in both the petitions was that as they had Mathematics as one of the subjects at 10+2 level, Graduation in Arts and also B.Ed degree to their credit had an edge over the private respondents in the appeals as they did not have B.Ed degree and therefore were to give way to the appellants for their selection against the advertised posts.