ROSHAN ARA Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Chief Education Officer, Shopian (respondent no.3 here), issued an Advertisement Notice dated 9th February 2012 (Annexure A to writ petition) for engagement of Rehbar-e-Taleems (ReTs) in New Opening Schools under Sarva Shiksha Abhiya (SSA) at difference places including Patipora, Mantribugh. Petitioner and private respondents 5 to 7 responded thereto. List of candidates, who applied for ReT, was framed followed by preparation of a Panel of three candidates. Petitioner represented against validity of Degrees of private respondents 5 to 7 as according to her, respondents 5 to 7 have by fraudulent means obtained the degrees, which are not valid. Respondent no.3 forwarded a communication bearing no.CEO/ Spn/Plg/12/5779 dated 6th September 2012 (Annexure C to writ petition) to Zonal Education Officer, Vehil (respondent no.4), to reframe Panel as per merit in light of letter dated 24th August 2012, received from Director, School Education, Kashmir (respondent no.2 here).

(2.) According to petitioner, respondent no.5 challenged communication (Annexure C to writ petition) in a writ petition, being SWP no.1842/201 As a sequel thereof, a Committee is stated to have been constituted, which opined that though Singhania University has come into existence by an Act of State Legislature and can award Degrees, but these should be passed in regular mode in the main campus only. Petitioner claims that respondent no.3 has only gone to the aspect that Singhania University is a creation of State Legislature of Rajasthan and has declared the degrees submitted by private respondents as valid and genuine without going to aspects of genuineness of certificates as well as acquiring qualification by bona fide means. Petitioner contends that private respondents have enrolled themselves with some studycentre in Kashmir, which is not permissible. In view of respondent no.3 having assumed degrees, produced by private respondents at the time of submission of applications for engagement as ReT, as genuine and as a consequence whereof, private respondents had been tentatively selected as ReTs in Primary School Patipora, Mantribugh. Thereagainst objections had been filed by petitioner before respondent no.3. Respondent no.4 is said to have given point-wise Reply to the objections of petitioner vide letter dated 21st July 2014 (Annexure G to writ petition). It is averred that as reported by Headmaster High School, Mantribugh, Ms Masooda Anayat (respondent no.7 here) was working as CPW but she was allowed to undergo further studies (M.Ed.) by the then Headmaster and during this period wages were not drawn in favour of CPW.

(3.) Petitioner claims that Ms Nargis Inayat (respondent no.5) has obtained M.Ed. Degree under enrolment no.0491105765 and SUI no.0004508, which is in the name of Akashay Pathak, who is pursuing Diploma in Engineering. It is next contention of petitioner that respondent no.7, figuring at serial no.03 in Panel, happens to be brother of private respondents 5 & 6 and son of private respondent no.8, and has pursued his M.A. in English from Kashmir University and during Session 2006- 2007, he has obtained less than 55% and later on he fraudulently enrolled himself for M.Phil in English from Singhania University during Session 2009-2010 and at the same time enrolled himself for M.A. in English from MANU. The decision taken by Directorate of School Education with regard to degrees of B.Ed. and M.Ed. awarded by Singhania University is stated to be erroneous and not inconsonance with law. Creation of Singhania University by Statute, according to petitioner, is not enough for recognition of Degree because programmes/courses are to be recognised by other statutory bodies, like UGC, Distance Education Council, NCTE and AICTE. Petitioner, on the strength of case set up, seeks vouchsafe of following relief: