1. With the consent of learned counsel for the appearing parties, this petition is taken up for final disposal. 2. Posts of Accounts Assistants, in District Cadre, in Finance Department, were advertised vide notification No. 07 of 2010 dated 12-11-2010 wherein the qualifica tion prescribed was graduation from a recognized university. A note was also appended providing that the selected candidates will be appointed only as Appren tices on a monthly stipend of Rs. 3000/- and will have to undergo training in ACC at Accountancy Training Institute, Jammu/Srinagar for a period of one year (six months theoretical and six months practical) and will have to pass the prescribed ACC examination to be conducted by the J&K Public Service Commission (PSC), after completion of training. In the notification, the criterion was also published, which provided that graduation will have 70 points on pro rata basis, post gradu ation will have 10 points on pro rata basis and viva voce 20 points. 3. Petitioners and private respondents responded to the said advertisement notification seeking consideration for being selected and appointed as Appren tices/Accounts Assistants. 4. Note of the Service Selection Recruitment Board (SSB) is taken of: "GOVERNMENT OF JAMMU AND KASHMIR SERVICE SELECTION BOARD SEHKARIBHAWAN, RAIL HEAD, JAMMU WWW. Jkssb.nic.in NOTICE Subject:- Interviews for the post of Accounts Assistant. The Board has issued interview schedule for the post of Accounts Assistant in respect of all the District Cadres of Kashmir Division including Jammu District for which the interview is going to be conducting the short listing of candidates. In this context, it is reiterated here that the short listing of candidates has been done on the basis of following criteria which has already been issued by the Board in the print media. Graduation = 70 Points Post Graduation = 10 Points Viva Voice = 20 Points It is relevant to point out here that some candidates who have to or more graduations i.e. Academic and graduation Technical & Professional quali fication like B. Sc Agriculture, B. Sc Forestry, B. Sc Fisheries. B. Ed, etc; have mentioned both qualifications in the specified column of the OMR appli cation form meant for graduation. While calculating the points the highest %age obtained out of the graduation has been considered by the Board for framing the shortlist of eligible candidates. As such clarification is hereby issued in this regard. Sdf- Secretary Service Selection Board Jammu." 5.
While calculating the points the highest %age obtained out of the graduation has been considered by the Board for framing the shortlist of eligible candidates. As such clarification is hereby issued in this regard. Sdf- Secretary Service Selection Board Jammu." 5. While short listing the candidates in pursuance of the aforementioned notice, the petitioners suffered exit from the selection process. It is the short listing criteria as also the decision of the SSB to take into consideration the B.Ed, qualification, which is called in question in this writ petition. 6. The Court, on 24-03-2011, directed that the process of selection on the basis of short listing, adopted in respect of the posts of Accounts Assistants, shall not be finalized until further orders. The SSB as also some of the private respondents have filed objections/reply affidavit. The candidates, who have been selected for being appointed as Apprentices/Accounts Assistants from Jammu region have filed applications and they have been permitted to intervene in the writ petition. 7. Mr. G.A.Lone, learned counsel for the petitioners, while referring to the pleadings in the writ petition, submitted that the petitioners are possessed of the qualification, viz. BBA, MFC, B.Sc, MBA, BCA, MCA etc., which qualifications, as per learned counsel, are relevant and germane for the posts in question. The whole thrust of the argument of the learned counsel, while challenging the criterion fixed and decision taken to take into consideration B.Ed, degree also, was that the criterion fixed for making selection has also been adopted for short listing of the candidates and while doing so, it appears that marks reserved for viva voce have also been awarded while considering the candidates for short listing. Learned counsel submitted that B.Ed, degree is a professional degree and has no relevance for the posts in question. Mr. Lone was at pains to explain that for the post in Accounts Service, the degrees possessed by the pelitioners are most relevant de grees but by adopting the criteria for short listing wherein B.Ed, qualification has also been considered, the petitioners have been excluded from the selection process. Learned counsel referred to the pleadings in the writ petition to show that how the qualification possessed by the petitioners is relevant and B.Ed, degree is not relevant for the post of Accounts Assistant.
Learned counsel referred to the pleadings in the writ petition to show that how the qualification possessed by the petitioners is relevant and B.Ed, degree is not relevant for the post of Accounts Assistant. In support of his contention, learned counsel referred to and relied upon the judgements of the Hon'ble Supreme Court in case Mohammad Riazul Usman Gani and others, appellants v. District & Sessions Judge, Nagpur and others, respondents, reported in (2000) 2 SCC 606 & case Dr. Krushna Chander Sahu and others, appellants v. State of Orissa & others, respon dents, reported in 1995(5) SLR 337 as also Division Bench Judgement of the Himachal Pradesh High Court titled Seema Sharma and another, petitioners v. District & Sessions Judge and another, respondents, reported in SLR 2001(4) 288. Learned counsel, accordingly, prayed for allowing the writ petition. 8. Mr. Shabir Ahmad, learned GA, appearing for SSB, invited attention of the Court to the reply affidavit filed by the said authority and submitted that in view of the notification No. F-87-9/58 (UP) dated 01-12-2958, the B.Ed, is treated as a degree and the SSB took a decision that where a candidate is possessed of more than one degree, then the degree, where he/she has secured highest percentage of marks will be considered for short listing of such candidate. Attention of the Court was also invited to paragraph (4) of the reply affidavit and submitted that short listing of the candidates was done after screening and processing of the OMR application forms. He submitted that the criterion published in the advertisement notification was applied for short listing of candidates also. Learned counsel submitted that in view of the stand taken at paragraph (4) of the reply affidavit, the short listing was done as per the entries made by the candidates in the OMR application forms. 9. Mr. Jehangir, learned counsel appearing for some of the private respondents, submitted that since B.Ed, degree, in terms of section 22 sub section 3 of the University Grants Commission Act (for short Act) and the notification having been issued in pursuance of the power given to the competent authority in terms of the said Act, the competent authority has, amongst others, declared B.Ed, as a degree qualification.
I le also submitted that most petitioners are also possessed of BCA & BBA qualifications and the argument, thus, would not lie in the mouth of the petitioners when they say that B.Ed, degree is not relevant to the posts in question. Learned counsel submitted that since B.Ed, is a recognized degree and as in the advertisement notification, it is not specified as to which degree would be consid ered relevant for the posts, all the degrees are to be considered by the SSB while conducting selection process for making selection/appointment on the posts of Accounts Assistants. He also submitted that the decision of the SSB has not been called in question in the writ petition. 10. Ms. Moksha Kazmi, learned counsel for the interveners, submitted thatjhe candidates from Jammu region have been selected but some of them, because of the order of the Court, have not been appointed as apprentices and have not been deputed to undergo the training course. She further submitted that the candidates who are not party in the writ petition, their rights could not be adjudicated and their right to be appointed as apprentices and consequently undergo training, cannot be stayed by the Court. Learned counsel further submitted that in some districts of Jammu region, the candidates have been appointed as apprentices and those, who could not reach to that stage of selection process, their march forward was halted in their tracks because of the interim order passed by the Court. 11. In our constitutional scheme, the Governments are constituted to reflect the general will of the people and to serve the just and lawful interests of the people. In order to render services to the common masses and alleviate their sufferings, services are constituted by the Government. While constituting the services, eligi bility criteria is being fixed. In constituting the services and fixing the eligibility criteria, what assumes significance and importance is to serve the interests of the people at its best. While constituting services and creating the post, the competent authority keeps in mind the interests of people. Every service constituted and post created under that service, thus, has to have nexus with the purpose sought to be achieved, viz. the welfare of the people.
While constituting services and creating the post, the competent authority keeps in mind the interests of people. Every service constituted and post created under that service, thus, has to have nexus with the purpose sought to be achieved, viz. the welfare of the people. When service is constituted and posts are created in that service, then eligibility qualification has to be fixed in a manner which would sub serve the interests of the Constitution and service itself. 12. True it is that in the advertisement notification, the eligibility qualification for the posts of Accounts Assistants was prescribed as graduation and it was not specified as to, amongst the degrees of graduation, which degree is to be included and which to be excluded. It is also true that after a candidate is selected in the selection process for being selected as apprentices with the ultimate design to appoint him as Accounts Assistant, he has to undergo the training course. Having said so, can it be said that for a service and a post which has a definite purpose to achieve, the qualification of B.Ed, would be relevant. The authority, which is charged with the duty of making selection, cannot be permitted to choose the course of selection in a manner which may ultimately defeat the very purpose of constitut ing the service and creating the post in that service. It is not in dispute that B.Ed, is not a recognized degree but it would be a constitutional duty on the part of the appointing authority and SSB to ensure that a person possessed with relevant degree for the post is brought under the purview of selection process and the meritorious candidate amongst that class is selected and appointed on a particular post. It, prima facie, appears that B.Ed, degree has not even the least relationship with the post of Accounts Assistant, but what is important in this case is that the eligibility qualification prescribed is graduate. Even the candidates possessed of B.Sc. Agriculture degree etc. have been considered and subjected to selection process for the posts of Accounts Assistants. Not only that, the degrees like B.Sc. Forestry and B.Sc. Fisheries have also been considered while short listing the candidates. It would be required to be seen as to whether besides B.Ed, degree, the aforementioned degrees are relevant for the posts of Accounts Assistants. 13.
have been considered and subjected to selection process for the posts of Accounts Assistants. Not only that, the degrees like B.Sc. Forestry and B.Sc. Fisheries have also been considered while short listing the candidates. It would be required to be seen as to whether besides B.Ed, degree, the aforementioned degrees are relevant for the posts of Accounts Assistants. 13. In the fast growing academic field, while people are obtaining degrees in different academic/professional and technical courses and while candidates who are possessed of degrees in academie/professional and technical courses apply in bulk, it remains to be seen as to whether the candidates with degrees in such courses which may not be relevant for the post, can also be considered for being selected on such posts. Since the constitutional mandate is to constitute the services and create posts to serve the interests of people at large, the competent authority would be required to have a relook into the whole issue and take a fresh decision. The argument of the learned counsel for the appearing respondents and counsel for interveners that until such time the prescribed eligibility qualification is not specif ically spelt out, the candidates with B.Ed, degree cannot be excluded from selection process, cannot be disputed. But the concern of the Court is only that the posts must be given to those candidates who are possessed of relevant academic/professional and technical qualification. 14. For the aforementioned reasons, this writ petition is disposed of in the following manner: 15. Respondents 1 to 12 are directed to reconsider the whole issue in the light of the observations made in this order and take a decision within a period of two weeks from the date copy of this order is served on them so as to take the selection process to its logical end/For two weeks from today, status quo as on date shall be maintained. 16. Disposed of along with CMPs.