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2011 DIGILAW 473 (JK)

Mukhtar Ahmad Ganie v. State of J&K & Ors.

2011-09-08

J.P.SINGH

body2011
Petitioner questions Malik Mahmood Ahmad-respondent No.5's empanelment as Rehbar-e-Taleem in upgraded Middle School, Naidpora urging that the empanelment was unwarranted in view of the petitioner's higher merit which was illegally ignored by the respondents. The petitioner's claim to higher merit is based on the plea that besides having higher percentage of marks in 10+2, he possessed additional qualification of having Diploma in Technical Education with Applied Mathematics as one of the subjects. Controverting the petitioner's claim of higher merit to that of respondent No.5, it is stated by the official respondents that respondent No. 5's merit was higher to that of the petitioner, in that, having secured 334 marks in 10+2 with additional qualification of Bachelor of Physical Education Degree, respondent No. 5 was better in merit to the petitioner, whose percentage of marks in 10+2 was 42.83 and the additional qualification of Diploma in Technical Education was not reckonable qualification after 10+2. The stand taken by the official respondents about the percentage of petitioner in 10+2 is not disputed by the petitioner's learned counsel. All that he argued was that the additional qualification of Diploma in Computer Engineering obtained by the petitioner would make him higher in merit to respondent No.5, in that, Applied Mathematics was one of the subjects in the Diploma Course, which would give him edge for selection as Rehbar-e-Taleem with Mathematics background. Considered the submissions of learned counsel for the parties. The petitioner's learned counsel's plea that the petitioner was entitled to extra weightage while working out his merit taking into consideration his additional qualification of holding Diploma in Computer Engineering, is found without merit in view of the Guidelines/Norms issued by the Government of Jammu and Kashmir vide Government Order No. 1503-Edu of 2003 dated 01.10.2003 for selection of candidates as Rehbar-e-Taleem, in terms whereof, the first academically reckonable qualification beyond 10+2 was a Graduate Degree like B.A, B.Sc., B.Com. etc. and not Intermediate Classes like B.A, B.Sc., B.Com. (Part I or II), on the basis whereof, no extra weightage was permissible. The petitioner having completed first year Diploma in Computer Engineering is, therefore, not entitled to any extra weightage as pleaded by his learned counsel, in view of what is contained in Government Order No. 1503-Edu of 2003 dated 01.10.2003. and not Intermediate Classes like B.A, B.Sc., B.Com. (Part I or II), on the basis whereof, no extra weightage was permissible. The petitioner having completed first year Diploma in Computer Engineering is, therefore, not entitled to any extra weightage as pleaded by his learned counsel, in view of what is contained in Government Order No. 1503-Edu of 2003 dated 01.10.2003. In this view of the matter, when the petitioner is not entitled to extra weightage for his first year Diploma in Computer Engineering, he was not entitled to selection in view of his admitted lower merit to that of respondent No.5 in 10+2, who possessed additional qualification of B.P. Ed., on the basis whereof, he was entitled to extra weightage in terms of the Government Order, referred to hereinabove. The petitioner's challenge to respondent No.5's empanelment, therefore, fails. There is, thus, no merit in the petitioner's Writ Petition, which is, accordingly, dismissed.