MIR JEHANGIR Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 02.05.2013 passed by a learned Single Judge of this Court, allowing SWP no. 474/2010 relatable to the instant appeal.

(2.) THE selection and appointment of appellant- Mir Jehangir on the position of Rehbar-e-Taleem in the upgraded Primary School, Dogripora, has been set aside. The basic reason for setting aside the appointment is that the appellant had the qualification of 10+2 with science like the writ petitioner- respondent no.5- Wasim Ahmad Mir. The appellant had secured 45.05% marks in 10+2 whereas the writ petitioner- respondent no.5 had secured 76.53% marks. However, on the basis of B.A qualification acquired by the appellant he was selected and was considered more meritorious then the writ petitioner- respondent no.5. The Writ Court found that the B.A degree acquired by the appellant would not be relevant because it is not in science stream. The view of the Writ Court is explicit from the following paras of the impugned judgment:-

(3.) IT is admitted case of the parties that the Zonal Education officer, Dangiwacha (Baramulla) invited applications for filling up two posts of ReT in newly upgraded Primary School, Dogripora vide advertisement dated 19.12.2009. A panel was framed and notified selecting two candidates in each of the streams, namely, Math and Science. The name of the appellant figured in the science stream and thereafter he was appointed. It is also conceded fact that at 10+2 level the writ petitioner- respondent no.5 has secured 76.53% marks whereas the appellant, who was selected, has secured 45.05% marks. It has also not been disputed that the B.A degree acquired by the appellant is not in the science stream. It is well settled by a catena of judgments of this Court that in order to succeed for consideration of a higher qualification for selection against the position of Rehbar-e-Taleem the higher qualification has to be in the same stream for which the position is advertised. Therefore, the B.A degree acquired by the appellant should not be relevant consideration allowing him to steal march over more meritorious candidates, like the writ petitioner- respondent no.5. For the aforesaid view we place reliance on a recent Division bench judgment of this Court rendered in case of Javeed Ahmad Khanday v. State of J&K and ors (LPA no. 114/2010 decided on 03.07.2012).