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2009 DIGILAW 52 (JK)

Hasina Akther v. State Of J. &K.

2009-02-09

HAKIM IMTIYAZ HUSSAIN

body2009
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. 4. Respondents have resisted this petition, In their reply respondent Nos: 1 to 5 stated that the office of the respondent No. 4 received many other panels where in the candidate, with P.G, B.Ed and M.Ed where empanelled and respondent No. 4 had to decide whether P.G., B.Ed is a higher qualification than M.Ed or otherwise. Accordingly respondent No. 4 took up the matter with the higher authorities i.e. Director, School Education, Kashmir for his opinion in the said matter. Meanwhile a conflicting report was received due to which the instant engagement was kept on hold along with all such related cases. Accordingly respondent No. 4 took up the matter with the higher authorities i.e. Director, School Education, Kashmir for his opinion in the said matter. Meanwhile a conflicting report was received due to which the instant engagement was kept on hold along with all such related cases. It is further stated that the Secretary Education has in his communication conveyed that M.Ed. Degree is superior to any P.G. Degree with or without B.Ed. It is further stated that the recommendation of the expert committee was submitted to the Administrative Department for its approval, the Secretary Education after due application of mind and after receiving feed back from the concerned quarter vide its communication 4.4.2008 directed all CEOs to go through the guidelines already provided vide order No. 1503 of 2003 dated 1.10.2003. 5. Respondent no. 6 has in his separate reply stated that the petitioner is B.Sc. M.Ed and as per Government Order dated 1.10.2003 read with order dated 7.5.2008, he has got an edge over the petitioner as such is entitled to get the appointment. 6. Heard. I have considered the matter. The petitioner mainly relies on the report of the Committee constituted vide order dated 5.3.2008. The Committee of 5 officers belonging to the Education Department have observed as under: - Higher % of marks (Relevant merit) obtained in P.G degree will be considered because University of Kashmir has declared M.Ed, Equivalent to M.A. Education. M.A. Bed will have edge because he/she has master degree as well as technical qualification i.e. B.Ed. M.A. Education with B.ed will have an edge because of B.Ed. Higher Qualification i.e. M.A., M.Sc. will have edge. Higher %age of marks (Relative merit) obtained in P.G. Degree will be considered. Higher %age of marks in P.G./ Degree will be considered. Higher %age of marks in P.G. Degree will be considered. 7. The Personal Officer, Directorate of School Education, Kashmir has also vide communication dated 14.7.2007 conveyed that the candidate having qualification as M.A. B.Ed has an edge over the qualification of B.Sc M.Ed But in a review committee of JDs, CEOs, Principal DIETs, DEPOs and other officers of Education Department held on 2.5.2008 the matter has been reviewed and on the subject it was observed as under: - "On the issue of pending selection of ReTs for want of clarification on the relative weightage of M.Ed v/s M.A./M.Sc with or without B.Ed). Secretary Education made it clear that in terms of Govt. Order No. 1503-Edu of 2003 dated 1.3.2003 M.Ed/B.Ed being a professional qualification, have to be allowed an edge and M.Ed shall therefore be reckoned superior to any other P.G. degree with or without B.Ed. The Secretary Education directed that all pending ReT selections be accordingly resolved immediately." 8. The opinion of the review committee is based on Government Order No. 1503-Edu of 2003 dated 1.10.2003, relevant portion of which provides as under: - M.A.(Education) and M.Ed would be equivalent degrees, in academic terms. (Candidate with M.A. Education or M.Ed are as per the Recruitment rules, equally eligible for appointment/promotion as +2 Lecturers). B.Ed./M.Ed practically carry a professional edge vis-a-vis an (academic) P.G. degree extra weightage be allowed, therefore. B.Ed/M.Ed, consistent with its role and relevance in the teaching learning process. 9. This Government order has not been challenged by the petitioner though its copy has been placed on file alongwith the present petition. 10. The matter has also been examined by the University of Kashmir. The Communication issued by the University in this behalf reads as under: - "M.Ed is a professional degree much higher in weightage than other non-professional academic degrees. All such professional degrees deserve a preference in recruitment of teachers in general. In the instant case the Candidate with M.Ed, degree has a higher academic merit in the absence of any express preference for a special qualification." 11. Dean Academics has in a note submitted to the Vice Chancellor observed as under: - "The Director, School Education sought the opinion regarding the determination of the higher merit out of the two candidates whose educational qualifications arc given below: 1. M.Sc. B.Ed. 2. B.Sc. M.Ed. Both the candidates were applicants for recruitment as school teachers. The undersigned opined as fellows: "M.Ed is a professional degree much higher in weightage than other non-professional academic degrees. All such professional degrees deserve a preference in recruitment of teachers in general. In the instant case the candidate with M.Ed, degree has a higher academic merit in the absence of any express preference for a special qualification." It will not be out of place to mention it here that the Director, School Education Jammu has very recently replaced 150 selected primary teachers by professionally qualified candidates. In the instant case the candidate with M.Ed, degree has a higher academic merit in the absence of any express preference for a special qualification." It will not be out of place to mention it here that the Director, School Education Jammu has very recently replaced 150 selected primary teachers by professionally qualified candidates. This was carried by the Kashmir Times in a news item dated 15.11.2003, the relevant portion is reproduced below: "150 candidates who were elected (sick) earlier possessed academic qualifications, but as per government order, the authorities had to consider applicants with professional degrees like B.Ed and M.Ed." The opinion furnished therefore is sound and in conformity with the recruitment norms prevalent in other parts of the country." 12. On consideration of the matter, I do not find any merit in the present petition for the reasons that the Govt. Order No. 1503-Edu of 2003, which has not been challenged by the petitioner gives an edge to the professional qualification of M.Ed over the academic qualification of M.A./B.A. The University of Kashmir has also given due reasons while giving weightage to the qualification of M.Ed. It states that the M.Ed is a professional degree much higher in weightage than non-professional academic degree. Since M.A or for that matter any post graduate is only an academic degree, M.Ed being a professional degree deserve preference in recruitment of teachers as stated by the University of Kashmir vide communication dated 5.11.2003. 13. It thus shows that the matter has been settled by the Government. It has also been examined by the expert body like the University of Kashmir and I do not find there is any scope to take a different view particularly when the views of the expert committee on which the petitioner has relied has been reviewed by the Director who has found that M.Ed/B.Ed being a Professional qualification should be given an edge and M.Ed shall, therefore, reckon superior to P.G. Degree with or without B.Ed. 14. In the circumstances I find the present petition does not have any merit. It is, therefore, dismissed.