JAVAID AHMAD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) ADVERTISEMENT Notice No.ZEO/Y/3953 -56/10 dated 31st March 2010, consequent upon opening of New Primary School for NaiBastiMishipora, Zone Yaripora, District Kulgam, under SarvaShikshaAbhiyan (SSA) 2009 -2010, came to be issued by Zonal Education Officer, Yaripora respondent no.4 in the petition, inviting applications from eligible candidates hailing from Revenue Village Widow Mishipora with minimum qualification of 10+2 and above with the prescribed age limit for engagement of two Rehbar -e -Taleems(ReTs) in the said School.

(2.) AFTER applications were received, a Panel of five candidates was prepared, in which petitioner figures at Serial No.1 and respondents 6&7 at Serial No.4 and 2 respectively. The Panel was forwarded to Chief Education Officer, Kulgam respondent no.3. The petitioner was tentatively selected as ReT and objections sought thereagainst. The Tentative Selection List (Annexure N to writ petition) bearing No.CEO/K/9849/12 dated 08.02.2012, however, mentions that inclusion of candidate (petitioner) in the tentative list does not confer any right or claim for engagement. Respondent no.3 vide Notification, No.CEO/K/9890/12 dated 13th February 2012 published in Daily Kashmir Uzma on 15.02.2012 (Annexure -O to writ petition) withdrew Tentative Selection List No.CEO/K/9849/12 dated 08.02.2012, whereby petitioner was tentatively selected as ReT.

(3.) RESPONDENTS 1 to 4, in their reply, have resisted the writ petition on the grounds that consequent upon sanctioning of new Primary School NaiBastiMishipora, an advertisement notice was issued for engagement of two ReTs and that a Panel of 05 candidates was framed, in which petitioner figured at Serial No.1 on the basis of his qualification as Bachelor in Physiotherapy (BPT), that was forwarded to respondent no.3. However, objections were filed against inclusion of petitioner in the zone of consideration on the plea that petitioner has obtained Bachelor 's Degree in Physiotherapy through "distance mode " from Allahabad Agricultural Institute. It is averred that respondent no.2 has issued a communication No.DSEKT/Legal/1733/Misc/694 dated 3rd March 2012, intimating that as per standing instructions, the degrees, acquired by a candidate in "distance mode " from the outside State University, are not to be entertained.