SAJAD HUSSAIN MIR Vs. STATE

JUDGEMENT

(1.) BY the medium of this petition, the petitioner is seeking to quash Notification, bearing No.DIPK-8879 published in Daily Greater Kashmir in its issue dated 21.10.2013 with a direction to the official respondents to select him against the post of Language Teacher (Language subject) for Middle School Woolina, Ichigam, on the grounds taken in the writ petition

(2.) THE facts, as averred in the writ petition, are that in pursuance of Notification No DIPK-6707 published in Srinagar Times in its issue dated 31.08.2013 applications were invited from the eligible candidates belonging to habitation Woolina and Revenue Village Babapora for filling up three posts of Rehbar-e-Taleem Teachers, i.e., Science/Math Teacher, Social Science Teacher and Language Teacher in Middle School Woolina and Middle School Babapora. Petitioner and respondents 5 & 6 applied for selection against two posts of Social Science Teacher and Language Teacher. The official respondents vide the impugned notification selected respondent No.5 against the post of Language Teacher and respondent No.6 against the post of Social Science Teacher. The case of the petitioner as projected in the writ petition is that since respondent No.5 had opted for selection against the post of Social Science, therefore, he should have been selected against that very post in place of respondent No.6 being more meritorious and not against the post of Language Teacher. By doing so, the official respondents have deprived the petitioner from his selection against the post of Language Teacher. It is contended that for selection against the post of Social Science Teacher, the required qualification was B.A. with B.Ed., whereas the required qualification for Language post was B.A. with Urdu/Hindi as one of the subjects with B.Ed. It is further contended that since respondent No.5 was more meritorious than respondent No.6, therefore, he should have been selected against the post of Social Science, whereas the petitioner should have been selected against the post of Language Teacher. Being aggrieved of his non-selection, the petitioner has approached this Court by the medium of instant writ petition.

(3.) HEARD learned counsel for the parties and perused the record.