ROZY AKHTER Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) Letters Patent Appeal on hand is directed against Writ Court judgment dated 26th July 2013 in SWP No. 856/2012 titled Mohammad Younis Wani Vs. State of J&K and others, whereby petition has been allowed, and selection and engagement of respondent no. 7 appellant herein, as Rehbar-e-Taleem (ReT) in Upgraded Middle School, Sofipora, Education Zone Yaripora, quashed. The Appeal arises in the following background.

(2.) Appellant and respondent no. 6/writ petitioner responded to advertisement notice dated 23rd Oct. 2009, issued by Zonal Education Officer, Yaripora, inviting applications from eligible candidates for ReT position (Science Stream) in Upgraded Middle School, Sofipora. Both appellant as well as respondent no. 6/writ petitioner with 10+2 (Science) Certificate to their credit, were found eligible for advertised position. Respondent no. 6/writ petitioner had higher merit (364/600) as against appellant (317/600) at 10+2 level. Appellant in addition to 10+2 (Science certificate) obtained B.A., B.Ed. Degree and so was case with respondent no.6/writ petitioner. However, appellant because of higher merit at B.A., B.Ed., level as compared to that of respondent no.6/writ petitioner, was given extra weightage for higher qualification to his credit and provisionally selected against advertised position. Panel dated 12th Dec. 2009 was questioned in SWP No. 09/2010 and SWP No. 857/2010. Respondents, notwithstanding pendency of writ petitions, proceeded to engage appellant vide order dated 22nd Feb. 2010. Respondent No. 6/writ petitioner left with no option but to withdraw SWP No. 857/2010 and file a fresh writ petition, being SWP No. 856/2012. He now assailed appellant 's engagement as ReT (Science Stream). Respondent No. 6/writ petitioner 's case before Writ Court was that he with higher merit at 10+2 level as against appellant, had right, to lie engaged against advertise position and that he was unjustifiably ignored by respondents. It was pleaded that as appellant did not have Science subjects at Graduation level, B.A., B.Ed. earned by her was not to give her edge over him, more so when he also had B.A., B.Ed. Degree to his credit.

(3.) Writ petition was opposed by respondents on the ground that appellant with higher merit in B.A., B.Ed., had preferential right to be considered against advertised position and was, therefore, rightly selected and engaged as ReT (Science) in Upgraded Primary School Sofipora.