1. Vide Advertisement Notice No.20138-42 dated 12.2.2011, issued by Chief Education Officer, Kupwara, applications were invited for filling up Class IV vacancies in District Kupwara. Amongst others petitioners and respondents No.4 and 5 had also applied. Shortlist was issued for interview wherein both petitioners and respondents No.4 and 5 figured in Handicapped Category. In the said category respondents No.4 and 5 were selected. 2. Petitioners challenged selection of respondents No.4 and 5 by medium of instant petition mainly on the ground that the educational qualification of the respondents No.4 and 5 is Graduation, both of them have filed false affidavits by stating that their qualification is 10+2. 3. The respondents No.1 to 3 in their objections have admitted the fact that the respondents No.4 and 5 by deceitful means have obtained their selection i.e. they have concealed the fact of possessing higher qualification i.e. Graduation when the minimum/maxim vim qualification prescribed for the post was matric or 10+2. It is also stated that they have filed two false affidavits wherein they have concealed the fact of having higher qualification Viz. Graduation. 4. Learned counsel for respondents No.4 and 5 submits that they have not concealed any fact, higher qualification is not a disqualification, higher qualification presupposes the lower qualification. 5. While considering the rival submissions and the record as available, what will emerge is that in the Advertisement Notice inviting applications for filling up Class IV vacancies in Kupwara District, the terms and conditions vis-a-vis qualification have been prescribed and it has been prescribed as under: "Minimum and maximum eligibility for the post is matric and 10+2." 6. According to the requirement of the post, educational qualification has been prescribed. When respondents No.4 and 5 were selected, they were asked to file an affidavit to the effect that they do not possess higher qualification, both the two have filed the affidavits stating therein that they have passed 10+2 and are not having higher qualification Viz. Graduation/Post-graduation. The two affidavits are duly attested. It is an admitted position now that both the respondents No.4 and 5 are Graduates, so as per above referred conditions were not eligible to apply. 7. The contention of learned counsel for respondents No.4 and 5 that the higher qualification is not a disqualification, pales into insignificance in view of the clear cut condition contained in the advertisement notice.
It is an admitted position now that both the respondents No.4 and 5 are Graduates, so as per above referred conditions were not eligible to apply. 7. The contention of learned counsel for respondents No.4 and 5 that the higher qualification is not a disqualification, pales into insignificance in view of the clear cut condition contained in the advertisement notice. Qualification has been prescribed as per the requirement of the post. Class IV employee is expected to do what a candidate with Graduation is not expected to do. So as per the requirement the respondents No. 4 and 5 were not eligible. Furthermore, they have exposed their deceptive position by concealing the position of possessing higher qualification and by filing two false affidavits to justify their eligibility by stating that they have not acquired any higher qualification. 8. For the stated reasons, the selection of respondents No. 4 and 5, being, unsustainable because of being ineligible for the post, is quashed. The candidates next in merit, be it petitioners or anyone else, in Handicapped category shall be considered for selection in place of respondents No. 4 and 5. Respondent No.3 (Chief Education Officer, Kupwara) shall also be at liberty to launch prosecution as against the respondents No. 4 and 5 for deceiving him while obtaining selection, on the basis of two false affidavits. 9. Petition accordingly succeeds, as such, shall stand disposed of along with connected CMP. _