1. Reply has been filed by respondents No. 1 and 5 to 8. Keeping in view the controversy involved and the respective stands taken by the learned counsel for the parties, reply on behalf of respondents No. 2 to 4 is not required to be filed. The petition, with the consensus of learned counsel for the parties, is taken up for final disposal at its admission stage. 2. For supplying two vacancies of ReTs in newly up-graded Primary School, Devalgam, candidates belonging to habitation Wangam who have applied include petitioner and respondent No. 8. Finally respondent No. 8, as against science stream, and one Rouf Ahmad Khan, as against math stream, have been tentatively selected for engagement. Petitioner seeks quashment of the said notification vis-a-vis selection of respondent No. 8. 3. The requisite qualification is 10+2 or above having science background. The qualification of petitioner is M.Sc./B.Ed. whereas qualification of respondent No. 8 is M.A/B.Ed. Petitioner has done her M.Sc. from Sikkim Manipal University which as alleged is not recognized, so on that count her M.Sc. qualification has been ignored, whereas the qualification of Post-Graduation (MA in English) which the respondent No. 8 possess has been considered, based on which she has been found superior in merit. 4. Contention of the learned counsel for the petitioner is that the Post-Graduation (MA in English) possessed by the respondent No. 8 is also not to be taken into consideration because the requirement as per advertisement notice is to possess qualification of 10+2 or above with science background. The controversy has been set at rest by the Division Bench of this Court in the judgment titled Afroza Jan v. Feroz Ahmad Parray & ors, rendered in LPA No. 117/2011 dated 04.08.2011. In the reported judgment the candidate possessed MA degree in Urdu, while considering her claim for engagement as ReT for math stream, preference to MA degree in Urdu was held not permissible, in absence of any other statutory prescription or the prescribed rule or regulation notified by the State. 5.
In the reported judgment the candidate possessed MA degree in Urdu, while considering her claim for engagement as ReT for math stream, preference to MA degree in Urdu was held not permissible, in absence of any other statutory prescription or the prescribed rule or regulation notified by the State. 5. In pursuance to the said judgment rendered by Division Bench, the Additional Secretary to Government, School Education Department, has issued a communication bearing No. Edu/Legal/K/214/2011 dated 28.3.2012, addressed to Director School Education, Kashmir, wherein, while referring to the judgment, it has been provided as under: - " As the judgment has attained the finality, therefore, the candidates having Science/Math educational background are required to be considered for engagement as R-e-T in Upper Primary School, the candidates possessing highest merit in Science/Math subject for which post is advertised shall have substantial claim and higher qualification in other subjects does not make any claim for the post of R-e-T in Upper Primary Schools". 6. Learned counsel for the petitioner in the aforesaid background projected that while ignoring M.Sc. degree of the petitioner and the MA degree in English of the respondent No. 8, petitioner is superior in merit. 7. The said contention is not controverted by the learned counsel for the respondent No. 8 and is admitted by learned counsel for respondents No. 1 to 7. In order to be more clear, it shall be quite appropriate to refer to the merit position of the petitioner and respondent No. 8 excluding their Post-Graduation as is discernible from the panel of the candidates who had applied for the post, same reads as under:- Name of the candidate Marks obtained in 10+2 Marks obtained in B.Sc. Qurat-ul-Ein (Petitioner) 287/600 1003/1800 Kulsooma Banco (Respondent No. 8) 299/600 891/1800 The condition contained in the advertisement notice for determining inter se merit reads as under: - "The candidate's inter se merit shall be determined with reference to the higher academic qualification." 8. Admittedly on comparison, petitioner is superior in merit. Respondent no.8, in view of above position, is inferior in merit as compared to the petitioner, therefore, her tentative selection is quashed. Respondent Zonal Education Officer is directed to prepare the tentative select list of the eligible candidate as against Science stream afresh within a period of two weeks and then finalize the process of selection/engagement with promptitude. 9.
Respondent no.8, in view of above position, is inferior in merit as compared to the petitioner, therefore, her tentative selection is quashed. Respondent Zonal Education Officer is directed to prepare the tentative select list of the eligible candidate as against Science stream afresh within a period of two weeks and then finalize the process of selection/engagement with promptitude. 9. Petition accordingly disposed of along with connected CMP.