KOUNSAR ASHRAF Vs. STATE AND ORS.

JUDGEMENT

(1.) Sanction was accorded vide order No. CEOK/SSA/09/6675-78/09 dated 20.02.2009 to Up-gradation of Primary School Chancer Education Zone H.C.gam, Kulgam to the level of Middle School. The up- gradation resulted in availability of two Rehbar-e-Taleem vacancies one in Math stream/background and another in Science stream/background. The Zonal Education Officer H.C.gam Kulgam -respondent No. 5 herein, accordingly vide Advertisement dated 21.02.2009 invited applications from eligible candidates for the available posts.

(2.) The petitioner and respondent No. 6 responded to the Advertisement Notice and offered their candidature for Rehbar-e-Taleem in Math stream/background. The respondent No. 5 on going through the academic record of the aspirants for the advertised job prepared a tentative list/panel of the candidates vide ZEO/HCG/ 4696/09 dated 15.07.2009. The tentative list/ panel was duly forwarded to the Chief Education Officer respondent No. 3 in the petition, and notified in a local daily on 07.08.2009. The petitioner did not find place in tentative list/panel. Aggrieved with her non-inclusion /non-empanelment the petitioner has filed instant writ petition. The petitioner's case is that as she has B.Sc B.Ed degrees with Mathematics at 10+2 level to her credit, she has a better claim to the advertised position as against respondent No. 6 who has done his Masters in Mathematics without any technical qualification like B.Ed/M.Ed degree to his credit degree like . It is insisted that in view of the norms laid down under Government order No. 1583-Edu of 2003 dated 01.10.2003 a candidate with B.Ed, degree is to be given preference over a candidate with Masters Degree.

(3.) The petitioner on the strength of the case set up, seeks following reliefs;