FAYAZ AHMAD BHAT Vs. STATE AND OTHERS

JUDGEMENT

(1.) In this writ petition, the petitioner seeks the following reliefs:

(2.) The petitioner claims the aforesaid reliefs on the grounds that the Service Selection Board issued an advertisement notice bearing no. 7 of 2010 dated 12.11.2010 inviting applications for the posts of teachers in different districts. By virtue of the said advertisement notice, 339 posts including 194 in the open category were advertised for district Budgam. It is pleaded that the petitioner being eligible and highly qualified with post graduation and M Phil degree to his credit applied for the post. He was called for the interview in which he faired well and was awarded 15.33 points by the interview panel. However, when the final selection list was issued, the petitioner was shown to have secured 53.88 points and no credit/additional weightage was given to the M. Phil degree, which he was holding at that moment. Aggrieved by the action of the respondent board, the petitioner submitted a detailed representation before the respondents indicating therein that no weightage/points have been awarded to the M. Phil degree, due to which he has failed to make it to the select list. As per the impugned select list, the cut of point was fixed at 55.33, while as the petitioner had secured 53.83 points. Had the petitioner been awarded 2 points for obtaining the M. Phil degree as per the rules, the petitioner would have made it to the select list.

(3.) It is pleaded that the petitioner filed a representation for the redressal of his grievances, but it did find favour with the respondents. Resultantly the SSB did consider the objections of the petitioner. It prepared the final selection list and forwarded it to the intending department for making appointments. It is also submitted that the petitioner challenged the selection list before this court through the medium of a writ petition which came to be registered as SWP no. 1797/2012 in which the court passed an interim order in favour of the petitioner directing the reservation of the post of a teacher for him in the first instance. The writ petition was finally decided by an order dated 30.09.2013 directing the respondent board to accord consideration to the case of the petitioner in light of the M. Phil degree that he holds, in accordance with the law and ensure that additional points are awarded to the said degree of the petitioner. It was also directed that the merit, after adding the points for M. Phil Degree be worked out and if the petitioner thereafter makes the grade then necessary recommendations shall be made to the competent authority. It is submitted that the recommendations were forwarded to the Education Department by the Board which compelled the petitioner to file a contempt petition before this court in which the SSB in compliance of the judgment dated 30.09.2013, forwarded the recommendation to the Education Department. However, the petitioner is aggrieved by the action of the respondents, who allege that his appointment cannot be been given any effect from the date the orders of appointment have been issued in favour of the other candidates. The petitioner is also aggrieved by the action of the respondents in giving him the notional and monetary benefits as prayed for in this writ petition. The petition was admitted on 19.12.2016.