ISHTIAQ-UL-HASSAN SHAH Vs. STATE

JUDGEMENT

(1.) Vide Advertisement Notice No.20138-42 dated 12.2.2011, issued by Chief Education Officer, Kupwara, applications were invited for filling up Class IV vacancies in District Kupwara. Amongst others petitioners and respondents No.4 and 5 had also applied. Shortlist was issued for interview wherein both petitioners and respondents No.4 and 5 figured in Handicapped Category. In the said category respondents No.4 and 5 were selected.

(2.) Petitioners challenged selection of respondents No.4 and 5 by medium of instant petition mainly on the ground that the educational qualification of the respondents No.4 and 5 is Graduation, both of them have filed false affidavits by stating that their qualification is 10+2.

(3.) The respondents No.1 to 3 in their objections have admitted the fact that the respondents No.4 and 5 by deceitful means have obtained their selection i.e. they have concealed the fact of possessing higher qualification i.e. Graduation when the minimum/maximum qualification prescribed for the post was matric or 10+2. It is also stated that they have filed two false affidavits wherein they have concealed the fact of having higher qualification Viz. Graduation.