Per Yaqoob, J.;— 1. By medium of this Letters Patent Appeal, judgment dated 08.08.2011 rendered in SWP No. 1716/2010 is sought to be set aside. 2. One vacancy of RET teacher which had fallen vacant due to resignation of one Bil quaes Badroo in Upper Primary School, Chalpora, Zone Raj war Applications were invited vide Advertisement Notice dated 27.02.2009 from amongst eligible candidates having qualification of 10+2 and above, for supplying the said vacancy. 3. Amongst others, respondent (Tehzeema Banoo) had also applied. She possesses B.A. B.Ed, qualification and on consideration was found to be meritorious. On final consideration, Director School Education, Kashmir rejected her claim vide his order dated 17.06.2010 by referring to the amendment in SSA norms w.e.f. 01.04.2008, which provide that all the vacancies in upgraded Primary Schools are to be filled up from amongst the candidates having Math/Science background. 4. Learned Single Judge while noticing the position of amendment in SSA scheme observed that the conditions of the amended scheme has not been reflected in the Advertisement Notice, therefore, selection was to be governed in accordance with the terms and conditions of the Notification. Furthermore, it has been observed that Norm (d) of the said scheme provides for engagement of three teachers sanctioned under SSA for every new Upper Primary School, one each will need to be a teacher with Mathematics and Science background, which in turn would mean that 3rd teacher must be a person having Arts background. Then has observed that Head Master of the concerned school had not projected need for Math/Science background teacher but has requested for Arts background teacher. 5. Learned Single Judge has rightly observed that terms and conditions of the Notice is representation to the eligible candidates and the authority is bound to make selection on its terms and conditions. Similarly terms and conditions also bind the candidates who seek selection. Unless and until such Notification is withdrawn, its terms and conditions cannot be permitted to be observed in breach. The judgement of Hon'ble Apex Court in case Ashok Kumar Sharma and others v. Chander Shekhar and another, (1997) 4 SCC18 has been rightly relied upon. 6. It is quite clear that in the Advertisement Notice, inviting applications, requisite qualification as prescribed is only 10+2 and above and it is on the said basis, application of respondent No.5 had been entertained. 7.
6. It is quite clear that in the Advertisement Notice, inviting applications, requisite qualification as prescribed is only 10+2 and above and it is on the said basis, application of respondent No.5 had been entertained. 7. A letter dated 29.05.2009 addressed by the Head Master SSA Middle School, Chalpora (Rajwar), Kashmir would clearly suggest that in the School there was a need of Urdu/History knowing teacher and the rest of the classes are functioning normally, and then it has been specifically requested that one teacher having Arts background is required at the earliest. 8. List of eligible candidates has been prepared wherein in order of merit, respondent No.5 figures at S.No.1 and she was the only candidate having qualification of B.A. B. Ed and based on that she was selected. 9. On thoughtful consideration of the records coupled with the submissions made and for stated reasons, we do not find any illegality in the judgement impugned dated 08.08.2011, hence the same is upheld. Resultantly, this appeal fails and is dismissed along with CM A No. 68/2012.