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J&K High Court · body

2010 DIGILAW 593 (JK)

Sheeraz Ahmad Itoo v. State Of J&K

2010-12-02

MUZAFFAR HUSSAIN ATTAR

body2010
1. Sarva Shiksha Abhiyan Scheme (for short "SSA Scheme") is launched to ensure that the education reaches to every nook and corner of the Country. The State of J&K, in order to effectuate the intendment underlying the said scheme, adopted the pattern of ReT for making such appointment in various upgraded/newly created schools. 2. The Girls Primary School, Chancer District Kulgam was upgraded to the status of Middle School under SSA scheme during the year 2008-09. Two posts of teachers were created, which were required to be filled up. The advertisement notification was, accordingly, issued by the Zonal Education Officer, inviting applications from eligible candidates with minimum qualification of 10+2 for engagement in the aforementioned school. It was specifically mentioned in the advertisement notification that candidates having Science and Math background alone shall apply. Copy of the notification produced by Mr. J. A. Kawoosa, learned Additional Advocate General, is taken on record. 3. Petitioner as also the private respondent responded to the said notification. The tentative selection list was published in the newspaper in terms of notice No. CEO/K/Ret/09/3838/09 dated 28.08.2009. Besides two other persons, petitioner figured in the said tentative selection list. Academic qualification of the petitioner is shown to be M.Sc (Physics). In the said tentative selection list, petitioner is shown to be a candidate with Science background. Thereafter another notification dated 31st August, 2009 was issued in which private respondent is shown to have been tentatively selected as ReT in the upgraded school of Girls Middle School, Chancer. The academic qualification of the private respondent is shown to be B.Sc./M.Ed. with Science background. It is the issuance of this tentative selection list, which has constrained the petitioner to file the writ petition, inter alia, on the ground that petitioner is possessed of academic qualification of M.Sc. (Physics) degree, which is comparatively higher degree in the Science stream than that of selected candidate, respondent No.5. 4. with Science background. It is the issuance of this tentative selection list, which has constrained the petitioner to file the writ petition, inter alia, on the ground that petitioner is possessed of academic qualification of M.Sc. (Physics) degree, which is comparatively higher degree in the Science stream than that of selected candidate, respondent No.5. 4. In response to notices issued in this petition, respondents have filed objections, wherein a stand is taken by them that in view of the amendment made in the SSA scheme, which has come into force from 01.04.2008, from among three posts of Teachers, one is to be filled up with Science background and other with Maths background and it is for this reason that advertisement notification was issued inviting application from the candidates having Science and Math background for being selected and engaged as ReT(s) in the aforementioned school. 5. Heard learned counsel for the parties. Considered the matter. 6. What is not in dispute is that petitioner has qualified his 10+2 examination with Maths subject which, in common parlance, would be called as non medical candidate. It is also admitted that petitioner has obtained his Graduation degree as a non medical candidate. Petitioner has thereafter obtained academic qualification of M. Sc. in the discipline of Physics. The private respondent on the other hand has qualified his 10+2 examination as a Science candidate and is also a Science Graduate. 7. Mr. M.Y. Bhat learned counsel appearing for the petitioner submitted that petitioner is possessed of the highest degree viz. M.Sc. (Physics) in comparison to private respondent, who is B.Sc./M.Ed. It is the petitioner, who in terms of mandate of Scheme is to be selected and engaged as ReT in Government Middle School, Chancer. Learned counsel further submitted that petitioner was initially selected tentatively, but subsequently another tentative selection list was issued in which he was replaced by a candidate, who is possessed of lesser academic merit. Learned counsel further submitted that as the petitioner is having M.Sc. degree in Physics, so he is treated to be a candidate with Science background and cannot be denied selection and engagement to the post of ReT. Learned counsel further submitted that as the petitioner is having M.Sc. degree in Physics, so he is treated to be a candidate with Science background and cannot be denied selection and engagement to the post of ReT. It is also submitted by the learned counsel for the petitioner that as the school in which the appointment is to be made, is a Middle School and upto that level subjects of Botany and Zoology are not being taught to the students. 8. Mr. J.A. Kawoosa, learned Additional Advocate General appearing for official respondents submitted that, in view of the mandate contained in SSA Scheme, the respondents are duty bound to select two teachers one having Math background and other having Science background. Learned counsel further submitted that advertisement notification to which petitioner and private respondents have responded to, have also specifically mentioned that only those candidates can apply who are having Science and Math background. Learned counsel further submitted that after the petitioner responded to the advertisement notification he was initially tentatively shown to be selected as a candidate having Science background, but when objections were filed to the tentative selection list, it was found that petitioner has obtained his academic qualification 10+2 level as a non medical student and has also obtained academic qualification of Graduation as non medical student. It was further submitted that as the minimum academic qualification for filling up the post is 10+2, so the candidate having academic qualification of 10+2 in Science stream alone was eligible for being selected and appointed as ReT. Learned counsel further submitted that petitioner is not possessed of academic qualification of 10+2 in Science subject, but is possessed of Academic qualification of 10+2 in non medical stream viz. Physics, Chemistry & Math, so was not eligible for being considered for being selected and appointed as ReT against the post, which is required to have science background. Learned counsel also submitted that the claim of the petitioner was considered against the post with Math background, but another candidate Showkat Ahmad Parray was possessed of higher qualification of M.Sc. (Math), so he was selected for the post having Math background and private respondent being science candidate on the basis of his merit was accordingly tentatively selected in terms of notification impugned in this petition. Learned counsel further submitted that a candidate with Science background is required to teach subject of Biology viz. (Math), so he was selected for the post having Math background and private respondent being science candidate on the basis of his merit was accordingly tentatively selected in terms of notification impugned in this petition. Learned counsel further submitted that a candidate with Science background is required to teach subject of Biology viz. Botany and Zoology, besides other science subjects at middle level also, and as the petitioner is not possessed of academic qualification in the subject of Biology at 10+2 level and graduation level, so he is not the appropriate candidate to be selected against the post, which is to be filled up by the candidate having science background. Learned counsel submitted that there being no merit in this petition merits dismissal. 9. Mr. Qadiri, learned counsel for private respondent submitted that, in view of the mandate of the scheme of SSA and other Government Orders, the respondent no. 5 is a candidate, who is to be selected as having Science background and as the petitioner is not a candidate having science Background, so he cannot have any grievance against selection and appointment of respondent no. 5. 10. As already stated, SSA scheme has been amended from 01.04.2008 and it is provided that from amongst three posts of teachers, two ReT posts are to be filled up with candidates having Science and Math background. As per the facts, brief narration whereof has been given herein above, the Girls Primary School, Chancer was upgraded to the status of Middle School. The two posts of Teachers were required to be filled up, in view of the mandate of Scheme, one post was to be filled up by selecting and engaging a candidate with Science background and other was to be filled by selecting a candidate with Math background. There is no dispute that one Showkat Ahmad Parray, who is possessed of Highest academic qualification M.Sc. in Math has been selected as a candidate with Math Background. What is in the eye of storm in this case is the post which is required to be filled up by considering candidate of highest academic merit with Science background. Petitioner's claim that he being M.Sc. in Math has been selected as a candidate with Math Background. What is in the eye of storm in this case is the post which is required to be filled up by considering candidate of highest academic merit with Science background. Petitioner's claim that he being M.Sc. in Physics is possessed of highest academic qualification in Science background and is, thus, entitled to be selected and engaged, being candidate with Science background, merits to be rejected for the reasons detailed out herein after: it is not in dispute that only two posts were notified; it is also not in dispute that between two posts one was to be filled by a person having academic qualification with Math background and other with Science background; It is also not in dispute that candidate with Math background has been selected. It is the petitioner, who, admittedly at 10+2 level, is not possessed of academic qualification with Science and even in graduation level he is not possessed of academic qualification of Science. Petitioner in the fact situation of this case, admittedly, is an ineligible candidate so far as the post of ReT Teacher with Science background is concerned. His staking claim to the said post, thus, cannot be countenanced in law and in this fact situation, he cannot be said to be an aggrieved person, thus, cannot pray for issuance of writ of Certiorari for quashing the tentative selection list. The contention of the learned counsel for petitioner that subject of Biology is not taught at Middle class level and that petitioner being a candidate having academic qualification of M.Sc. in Physics, if accepted, would give rise to piquant situation in this case, inasmuch as, a candidate with math background has already been selected and in case petitioner who, admittedly, is a candidate with Math background is to be selected would result in defeating the intendment of the SSA scheme, wherein it is provided that amongst three posts one is to be selected with Math background and other having Science Background. 11. Mr. Kawoosa learned Additional Advocate General submitted that even at middle class level science subject are being taught which includes the subjects of Botany, Zoology, Mathematics, Chemistry and Physics. In this background, the claim of the petitioner cannot be accepted. A Teacher in terms of scheme of SSA is required to teach Science subjects. 11. Mr. Kawoosa learned Additional Advocate General submitted that even at middle class level science subject are being taught which includes the subjects of Botany, Zoology, Mathematics, Chemistry and Physics. In this background, the claim of the petitioner cannot be accepted. A Teacher in terms of scheme of SSA is required to teach Science subjects. The intendment of the scheme would be fulfilled by allowing the official respondents to complete the selection process which they have initiated by engaging respondent no. 5 to ReT post for the reason of having Science background. Intendment underlying the SSA scheme can thus be attained. 12. For the above stated reasons, this petition, being merit less, is accordingly dismissed along with all connected CMPs. Interim direction, if any, shall stand vacated.