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J&K High Court · body

2012 DIGILAW 457 (JK)

Sheraz Ahmad Ittoo v. State

2012-07-26

Hasnain Massodi, M.M.Kumar

body2012
1. The appellant and respondent No. 5 responded to an advertisement notice issued by Zonal Education Officer, H.C. Gam inviting applications from eligible candidates for Ret Positions in Science and Mathematics stream in upgraded Primary School Chancer, Kulgam. The appellant had Physics, Chemistry and Mathematics as his subjects at 10+2 level and has also M.Sc. Physics to his credit. The respondent No. 5 on the other hand had Physics, Chemistry and Biology subjects at 10+2 level, has done B.Sc. and Masters in Education (M.Ed). 2. The appellant was not selected in Mathematics streams as one Shri Showket Ahmad Parray who also aspired for the advertised position had M.Sc, Mathematics degree -- a higher degree in Mathematics than the appellant and was selected for the available position. The appellant did not find place in the selection list for Science stream as he had Mathematics in place of Biology at 10+2 level. The official respondents instead selected the respondent No. 5, with Physics, Chemistry and Biology at 10+2 level as also Bachelors degree in Science in addition to professional degree in education at Post-Graduation level. 3. The appellant aggrieved with his non selection approached the writ court with SWP No. 1250/2009. The writ court was not impressed by the case set up by the appellant and accordingly dismissed the writ petition on 2nd December, 2010. 4. The appellant has come up in appeal against the writ court judgement on the grounds urged in the memoranda of appeal. 5. We have gone through the appeal as well as record and have heard learned Counsel for the appellant. 6. The revised Sarva Siksha Abhiyan, Scheme effective from 1st. April, 2008 made it necessary to make selection against the ReT vacancies available due to up-gradation, non joining of the selected candidates or vacation of the positions by engaged candidates, from the candidates with Science and Mathematics background. The object, as evident is to develop and enhance knowledge in two important subject areas at the elementary school level. In terms of revised Scheme a candidate having Mathematics and any other subject at 10+2 level is eligible for engagement against a ReT position in Mathematics stream. When more than one candidate are pitted against each other, one with highest qualification in Mathematics is to has an edge over his opponent. In terms of revised Scheme a candidate having Mathematics and any other subject at 10+2 level is eligible for engagement against a ReT position in Mathematics stream. When more than one candidate are pitted against each other, one with highest qualification in Mathematics is to has an edge over his opponent. To illustrate a candidate having Mathematics at Graduation level have an edge over a candidate who has Mathematics at 10+2 level and a candidates having Mathematics at Post-graduation level is to have an edge over a candidate having Mathematics at Graduation level. Likewise as regards ReT position in Science stream, a candidate having Science i.e. Physics, Chemistry and Biology at 10+2 level would be eligible for the position and candidate having Science at a higher level would have an edge over a candidate having Science subjects at lower level. Therefore, a candidate with Science subjects at Post-graduation level is to have preference over a candidate having Science subjects at Graduation level and the candidates with Science subjects at Graduation level over a candidate with Science Subjects at 10+2 level. 7. The appellant did not have Science subjects at 10+2 level, he had Mathematics at 10+2 level and had to give way to Shri Showket Annad Parray who had Mathematics at Post-graduation level. The appellant when outshined by his opponent in Mathematics stream cannot turn to Science stream for the simple reason that the appellant did not have Biology as a subject at 10+2 level and therefore was not eligible for the advertised position. The writ court judgement in the said background does not admit of any interference. The appeal is accordingly dismissed.