HASINA AKTHER Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER Hasina Akther has passed her B.A.(General Course) examination in the year 1999, B.Ed in 2004 and M.A. in 2005 from the University of Kashmir.

(2.) IN compliance to advertisement notice issued by respondent No. 4 on 26.9.2007, for the posts of RETs/ZRP, the petitioner applied for UPS, Mandina as 3rd teacher ReT. Minimum qualification prescribed by the advertisement notice is graduate in any discipline and the last date of submission of applications was 7 days after the publication of the advertisement notice. The petitioner got selected but a dispute has arisen regarding her qualification viz -a -viz the qualification of respondent no. 6 Riyaz Ahmed Bhat who possess B.Sc. M.Ed. On a report of the Committee experts/Senior Officers of the Education Department, it was found that the petitioners qualification has an edge as she has masters degree as well as technical qualification i.e. B.Ed as compared to qualification of respondent -6 but later on the basis of Government Order No. 1503 -Edu of 2003 dated 1.10.2003 and clarification issued by the University of Kashmir vide communication No. FDA -KU (03) dated 5.11.2003, the respondents have found that respondent no: 6 is more qualified.

(3.) PETITIONER is aggrieved of it and have challenged the communication dated 7.5.2008 issued by respondent no. 3 so far it relates to giving edge to M. Ed qualification over P.G. degree with or without B.Ed. She prays for its quashment. She has further prayed for a writ of mandamus directing the respondents to treat the petitioners M.A.B.Ed qualification superior to the B.Sc. M.Ed qualification as concluded by the expert committee constituted by the respondents in terms of the order dated 5.3.2008 and to select and appoint her for the post of 3rd R.E.T teacher for UPS Mandina and allow her to join in the school as such.