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2010 DIGILAW 276 (JK)

Azad Ahmed Wani v. State

2010-05-14

MOHAMMAD YAQOOB MIR

body2010
1. Applications were invited from the deserving candidates of village Augroo for the two posts of ReT to be filled in the Primary School, Dangerpora, Augroo as sanctioned under SSA Scheme. Among others petitioner also responded. The tentative selection list of two candidates was prepared and said two candidates namely, Altaf Hussain Wani and Mohammad Ayoub Bhat were appointed. Altaf Hussain Wani resigned on 25.08.2009 as a result thereof one vacancy felt vacant. 2. Initially Zonal Education Officer had prepared the penal of three candidates which include the respondent no. 6 (Shazia Akhtar) in accordance with merit. When the vacancy felt vacant due to resignation of Altaf Hussain Wani, the matter was taken up by Chief Education Officer with the Director School Education who vide his communication dated 14.09.2009 responded by stating that the penal framed on 7.04.2009 is still live to be operated. The petitioner aggrieved thereof filed the instant petition, contending therein that the vacancy as has become available due to resignation by Altaf Hussain Wani, should have been re-advertised as is the practice in vogue. In support of this contention, learned counsel has placed on record various advertisement notices, one issued from the office of Zonal Education Officer, Sopore, Second issued by ZEO Vehil and third issued by ZEO Nehalpora where under the vacancy which had become available due to resignation of the appointed candidates were re-advertised. Further added that when the post became vacant, petitioner had acquired further qualification of Masters Degree. 3. In opposition learned counsel for respondents 1 to 4 contended that scheme does not provide as to for how much period panel is to remain valid but however, circular has been issued on 01.12.2009 by Director School Education, Kashmir, where under it has been enjoined upon all sub-officers that a panel for filling up of Rehber-e-Taleem teacher posts for a school/schools shall be valid for one year from the date of framing of panel for considering enlisted candidates against the prospective vacancies in the school/schools. 4. While referring to clarification made by Administrative Department vide letter No. Estt-1/65/2009 dated 28.08.2009 relatable to the wait list of Public Service Commission and adjustment of candidates from the wait list after vacancy becomes available then the resignation etc. 4. While referring to clarification made by Administrative Department vide letter No. Estt-1/65/2009 dated 28.08.2009 relatable to the wait list of Public Service Commission and adjustment of candidates from the wait list after vacancy becomes available then the resignation etc. of the selected /appointed candidates and after threadbare discussion, it has been concluded that the panel shall remain valid for one year from the date it has been trained. Though it was contended by the learned counsel for petitioner that in anticipation of circular dated 01.12.2009, Director has informed Chief Education Officer vide letter dated 14.09.2009 that the panel is still alive to be operated. The said contention is to be repelled as the Administrative Department has issued letter above referred regarding the subject pertaining to PSC is dated 28.08.2009. 5. The petitioner at the relevant time has competed, list of the candidates who competed for the said post has been prepared by ZEO wherein names of eight candidates including the petitioner figured but the petitioners name in order of merit figures at Sr. No.4 whereas name of respondent No. 6 (Shazia Akhtar) figured at Serial No. 3. Respondent No. 6 admittedly has superior qualification/merit that is how she figured at Sr. No.3 in the penal. The panel has been prepared in the month of April, 2009 so has to remain valid for one year. It is within one year, the appointed candidate, Altaf Husain Wani resigned, therefore, vacancy in view of the stated position has to be supplied by respondent No. 6 (Shazia Akhtar). 6. At the relevant time, qualification of the petitioner was B.Sc, B.Ed, subsequently, he has done M.Sc. as is evidenced by the marks certificate dated 13.06.2009. But strange situation as has been pointed out by Respondent no.6 is that the petitioner on one hand has done his B. Ed in the year 2008 from the University of Kashmir whereas on the other hand is shown to have done his M.Sc. in the year 2008-09 from Barkatullah Vishwavidyala, Bopal. How in the year 2008-09 B.Ed. But strange situation as has been pointed out by Respondent no.6 is that the petitioner on one hand has done his B. Ed in the year 2008 from the University of Kashmir whereas on the other hand is shown to have done his M.Sc. in the year 2008-09 from Barkatullah Vishwavidyala, Bopal. How in the year 2008-09 B.Ed. Course from Kashmir University and M.Sc Degree from Barkatullah Vishwavidyala Bopal, in fact is matter of concern, but is not required to be gone into for the purpose of disposal of this petition, because at the relevant date when posts were advertised petitioner did not possess qualification of M.Sc whereas Respondent no.6 possessed the Masters Degree based on which she figured in the penal superior to petitioner. 7. The position of the petitioner for the reasons and circumstances detailed hereinabove for being engaged as ReT against available vacancy is not warranted, petition, as such, being meritless is dismissed alongwith connected CMPs. Interim direction dated 16.09.2009 shall cease to be in operation.