Research › Search › Judgment

J&K High Court · body

2011 DIGILAW 691 (JK)

Mohamad Yasin Sabri v. State & Ors.

2011-12-09

HASNAIN MASSODI

body2011
1. The Zonal Education Officer — respondent No. 5 herein vide advertisement notice No. Eng/ReT/2010-11/5212-25 dated 11.12.2010 invited applications from eligible candidates for available vacancies of Rehbari Taleem in six Primary and Middle Schools of Education Zone Drass, including Primary School Masjidgam Gindyal. The petitioner responded to the advertisement notice and so did S/Sh Niyaz Ahmad son of Ghulam Nabi, and Mohamad Shabir Ahmad son of Abdul Rashid both residents of Masjidgam Gindyal, Drass — respondents 6 and 7 herein. Before the selection process could be taken to its logical end, the petitioner raised objection as regards eligibility of the respondents 6 and 7 to participate in the selection process. The petitioner took stand that the respondents 6 and 7 had not passed their Matriculation Examination through J&K State Board of School Education and thus were not eligible to be appointed as Rehbari Taleem. It was contended by the petitioner that the academic certificates produced by the respondents 6 and 7 were issued by some unknown Board of a different State wherein high percentage of marks is shown to have been obtained by the respondents 6 and 7. The certificates produced by the respondents 6 and 7 were also alleged to be fake and fictitious. The petitioner on 01.03.2011 and 07.06.2011 raised these issues in two written representations addressed to the Deputy Commissioner/Chief Executive Officer, Ladakh Autonomous Hill Development Council Kargil. The respondents 4 and 5 on their part also addressed the communications No. ReT Trs/2011/598 dated 10.03.2011 and SSA/ReT/5798-5802 dated 17.03.2011 to the Director, School Education Kashmir-respondent No. 2. The petitioner apprehending that the respondents 4-5 may go ahead with the selection process and engage respondents 6 and 7 against the advertised positions has come up with the instant petition praying for following reliefs:- (a) Mandamus; Commanding the respondents i.e. Chief Education Officer, Kargil and Zonal Education Officer Drass not to process the selection and appointment of private respondents as Rehbari Taleem in Primary School Mashidgam Revenue Village Gindyal unless and until the instructions are not communicated by respondent No. 2 for which a request has been made by respondent Zonal Education Officer Drass vide his communication No. SSA/Ref/5798-5802 dated 17.03.2011. (b) Mandamus;, Commanding the respondents not to consider the candidature of private respondents unless and until the issue so projected by the petitioner vide his representation dated 01.03.2011 and 07.06.2011 are not being considered and decided by the competent authority i.e. Deputy Commissioner Kargil/Chief Executive Officer Kargil. (c) Mandamus; Commanding the respondents not to entertain the applications of private respondents by taking into consideration their 10+2 certificates issued by Board of High School and Intermediate Examination Uttar-Pradesh. 2. The petitioner's case is that the respondents 6 and 7 have passed Molvi examination that cannot be equated with Matriculation unless and until the respondents 6 and 7 also pass Matriculation Examination in English from the J&K State Board of School Education. It is pleaded, that the respondents 6 and 7 do not satisfy the eligibility criteria prescribed for ReT as notified vide advertisement notice in question and thus have no right to participate in the selection process for Rehbari Taleem Masjidgam Gindyal, Drass, much less get selected against the advertised post. 3. The respondent 1 to 4 have not filed their reply to the writ petition. However, respondents 6 and 7 in their reply deny that the petitioner has any cause of action to file and maintain the writ petition. The respondent No. 6 claims to have passed Molvi examination in the year 2007 from the Board of Arabic and Persian Examination Uttar-Pradesh and thereafter Intermediate Examination in the year 2010 from the Board of High School and Intermediate Examination Uttar-Pradesh. The respondent No. 7 claims to have passed Molvi Examination in the year 2005 from the Board of Arabic and Persian Examination Uttar-Pradesh and thereafter Intermediate Examination in the year 2010 from the Board of High School and Intermediate Examination Uttar-Pradesh. It is pleaded, that in terms of OM of Ministry of Personal Public Grievance and Pension Department of Personal Training Establishment (D) Section New Delhi, dated 23.02.2010 the qualification possessed by the petitioners is equivalent to the Class XII qualification. The academic certificates annexed by the respondents 6 and 7 with their applications, are said to have been duly verified by the Board Authorities of the Uttar-Pradesh vide communication dated 10.05.2011,11.05.2011 and 12.05.2011. The academic certificates annexed by the respondents 6 and 7 with their applications, are said to have been duly verified by the Board Authorities of the Uttar-Pradesh vide communication dated 10.05.2011,11.05.2011 and 12.05.2011. The respondents 6 and 7, insist that as they satisfy all the requirements set out in the advertisement notice and the criteria prescribed under rules, they are entitled to be considered for engagement as Rehbari Taleem in Masjidgam Gindyal, Drass, 4. I have gone through the pleadings and have heard learned Counsel for the parties. 5. Before looking to the rival claims of parties, it would be advantageous to extract herein the relevant part of the advertisement notice dated 11.12.2010 relevant to the present controversy:- 1. That the candidates must have passed the minimum qualification 10+2 level from a recognised institution Board or University. 2. That the candidates having Adeep/Fazil Kamil must have passed English from J&K Board of Education/University Kashmir/Jammu as the case may be. 6. A closer look at the advertisement notice reveals that a candidate having minimum qualification of 10+2 level from a recognised Institution, Board or University is eligible to participate in the selection process and get selected if found having superior merit at the touchstone of criteria prescribed under rules/guidelines. The advertisement notice does not refer to J&K Board of School Education or any particular Board or University. It follows that for a candidate to be eligible for the advertised post he is not required to have passed 10+2 examination from J&K Board of School Education. However, in case an aspirant for a post has not passed 10+2 examination from a recognised Institution, Board or University but has Adeeb Fazil or Adib Kamil to his credit, to be eligible for the post it is necessary for him to have passed English from J&K Board of School Education, University of Kashmir/University of Jammu, as the case may be. In the present case the respondents 6 and 7 as per the record placed on the file have passed Intermediate Examination in the year 2010 from Board of High School and Intermediate Education Uttar Pradesh with Hindi, Urdu, English, Civics, Sociology/Sports and Physical Education as subjects. The Intermediate Examination 10+2 conducted by Board of High School and Intermediate Uttar-Pradesh is recognised by Council of Boards of School Education in India (CBSE) as equivalent to Class 12th Examination. The Intermediate Examination 10+2 conducted by Board of High School and Intermediate Uttar-Pradesh is recognised by Council of Boards of School Education in India (CBSE) as equivalent to Class 12th Examination. The J&K Board of School Education has also granted equivalence to all such type of examinations which have been recognised by the Central Board of School Education (CBSE) New Delhi, and are associated with Council of Boards of School Education in India (CBSE) and Association of Indian University (AIU). The stand of Jammu and Kashmir State Board of School Education in this regard is clear from the communication No. F(ASAD-C)EQ/2011 dated 07.10.2011 addressed by its Director (Academics) to the Deputy Chief Education Officer, District Kargil (Sankoo). The respondents having passed Intermediate Examination (10+2) from the Board of High School and Intermediate Examination Uttar-Pradesh cannot be disentitled from responding to the advertisement notice in question and participating in the selection process for engagement against the post of ReT only because they in addition to the Intermediate Examination (10+2) have also passed Movli/Munshi Examination from the Board of Arabic and Persian Examination, Uttar-Pradesh. The qualification of Molvi/Munshi from the Board of Arabic and Persian Examination Uttar-Pradesh if not taken as additional qualification for the purposes of selection against the advertised position, cannot be used to the disadvantage of respondents 6 and 7 and throw them out of the selection process unmindful of their having passing Intermediate Examination (10+2) from the Board of High School and Intermediate Examination Uttar-Pradesh duly recognised by the Central Board of School Education (COBSE) New Delhi, and on the basis of reciprocity even by the J&K State Board of School Education. 7. Viewed thus there is not merit in the case set up by the petitioner that the respondents 6 and 7 are not eligible to participate in the selection process for their engagement as ReT. 7. Viewed thus there is not merit in the case set up by the petitioner that the respondents 6 and 7 are not eligible to participate in the selection process for their engagement as ReT. However, the respondents 2 and 3 are not absolved from their duty to get the Intermediate Examination certificates issued by the Board of High School Examination and Intermediate Examination Uttar Pradesh under signatures of Smt. Prabha Tripathi, Secretary under No. 8211718 and 8018249 under Roll No. 114557 and 1075311 in favour of the respondents 6 and 7 declaring them to have passed Intermediate Examination in the year 2010, verified from the Board of High School and Intermediate Education Uttar Pradesh on its official stationary and under seal and signature of Secretary or Authorised Officer, so as to dispel all doubts about genuineness of the afore-stated certificates before the certificates are acted upon. The writ petition is dismissed accordingly alongwith connected CMP(s).