MOHD SHAFI SHEIKH Vs. STATE

JUDGEMENT

(1.) APPOINTMENT to the post of Rehbar -i -Taleem Teachers has invoked controversy between the petitioners and the respondents. Two posts each have been created for Government Primary School, Palpora and Government Primary School, Hardu Schichen. Both schools have been upgraded to the middle school level. Petitioners had applied for the appointment to the said posts. Their applications were not considered on account of the fact that they had obtained degrees from Bhartiya Shiksha Parishad, Lucknow, which were not recognized by University Grants Commission. Resultant effect was that they could not be considered for appointment thereof, which impelled the petitioner to file a civil suit before the learned Munsiff, Anantnag.

(2.) THE ground setout in the plaint was that the petitioners having obtained their degrees from the said Institute, no weightage was given by the respondents while making such appointment. It was contended that the University was not a fake University, as such, the degrees obtained from the said Institute could not be ignored by the respondents. Alongwith plaint an application for grant of ad -interim relief was filed by the petitioners. The learned trial court after hearing the parties passed the following directions: - "...1. That the official defendants will take a decision in a short span of time and decide whether the degrees awarded by the Bhartiya Shiksha Parishad Lucknow are given due recognition by them or not. 2. That the defendants are bound to prepare the panel only after decision on the matter is taken by the official defendants.

(3.) THAT the plaintiffs have every right to furnish their degrees to the concerned forum and decision on the recognition of the degrees shall be communicated to the plaintiffs immediately after a decision is rendered in this behalf by the concerned authorities." 3. It seems that on 10th May 2008 a panel was framed by the Zonal Education Officer, and approved by the Selection Committee, private respondents found their name in the said select list and in pursuance to the select list their appointment orders were issued by the official respondents on 12th May 2008.