JUDGMENT 1. Chief Education Officer, Baramulla vide Order No. DLG/SSA/Upg/6360-63 dated 22nd February 2012, ordered upgradation of Boys Primary School, Dairi, Dangiwacha. With the upgradation, two Rehbar-e-Taleem positions (for short “ReT”) became available and were to be filled up from amongst eligible candidates in accordance with Sarva Shiksha Abhiyan guidelines. Zonal Education Officer, Dangiwacha - respondent No. 5 in the petition, accordingly, vide Advertisement Notice published in a local daily on 14th November 2012, invited applications from eligible candidates with Math and Science subjects/background for available ReT positions in the upgraded Boys Primary School, Dairi, Dangiwacha. 2. Petitioner, respondent No. 6 namely Bilqees Jameela and few other candidates responded to advertisement notice. The official respondents did not finalise selection process with reasonable dispatch, constraining petitioner and one Shoaib Akhter Mir to approach this Court with writ petition, being SWP No. 642/2012, praying for a direction to respondents 4 & 5 to finalise selection process. The ad-interim order passed by Writ Court on 4th April 2012, catalysed the selection process and provisional selection was drawn up and published in local daily on 24th August 2012. The petitioner appeared at Serial No. 01 in the provisional select list while her co-petitioner in SWP No. 642/2012 was shown at Serial No. 02 in the list. 3. The official respondents, however, partly acted on the provisional select list, appointing Shri Shoaib Akhter Mir - petitioner No. 1 in SWP No. 642/2012, as ReT (Math Stream) in the aforesaid upgraded Primary School. The petitioner aggrieved with failure of respondents 4&5 to issue engagement order in her favour, moved application, being IA No. 4075/2012, in pending petition - SWP No. 642/2012. While matter was pending consideration, respondents 4&5 on 14th December 2012, issued notification, published in local daily on 15th December 2012, showing respondent No. 6 in the present petition, to have been provisionally selected as ReT (Science Stream) in the said upgraded Boys Primary School. 4. Petitioner, aggrieved with notification dated 14th December 2012, has filed writ petition on hand and on strength of grounds urged in the petition, seeks quashment of Notification No. D1PK-11535 dated 14.12.2012 issued by respondent No. 4, published in Daily Aftab on 15.12.2012, whereby respondent No. 6 is shown to have been provisionally selected, against the position of ReT in upgraded Primary School, Dairi, Dangiwacha, under Science stream.
Petitioner further prays for a direction, requiring respondents to engage her against the aforesaid ReT position. 5. The official respondents resist writ petition on the grounds that respondent No. 6, having higher qualification in Science, was given preference over petitioner and that petitioner, therefore, did not have any cause to assail notification dated 14.12.2012 or question respondent No. 6’s selection. It is pointed out that while both petitioner and respondent No. 6 had Physics, Chemistry and Biology at 10+2 level, making them eligible for advertised position, respondent No. 6, having done B.Sc. with Zoology, Botany and Chemistry, has edge over petitioner who has Geography, Geology and Zoology as subjects at Graduation level. It is insisted that in view of respondent No. 6’s higher degree in Science subjects, she deserved to be engaged against ReT position in question and has been rightly selected against said position. 6. I have gone through the pleadings as also record made available by learned Additional Advocate General and have heard learned counsel for parties. 7. Respondents, in the year 2008, to achieve object of Sarva Shiksha Abhiyan (for short “SSA”) took policy decision to engage ReTs with Science and Math background. Respondent No. 5, in compliance of policy decision so taken, while advertising two ReT positions in upgraded Primary School, Dairi, invited applications from candidates having 10+2 and above qualification with Science and Math subjects/background. Petitioner responded to advertisement notice and participated in selection process. Petitioner did not question advertisement notice. In view of petitioner’s participation in selection process, the only question that respondents 1 to 5 were required to examine, was whether petitioner had Science subjects at Graduation level. It is important to note that petitioner as well as respondent No. 5 admittedly had Science subjects at 10+2 level and therefore, were eligible for advertised ReT position under Science Stream. The only dispute that arose between petitioner and respondent No. 6, was whether petitioner deserves to be given extra weightage for B.Sc./Three Years Degree Course. It needs to be pointed out that, in all, four candidates namely Parveena Ahad Bhat (petitioner), Shoaib Akhtar Mir, Bilqees Jameela (respondent No. 6) and Waseem Ahmad Mir, responded to advertisement notice to the extent it related to upgraded Primary School Dairi. Out of four candidates, two candidates namely Shoaib Akhtar Mir and Waseem Ahmad Mir applied under Math Stream. Shoaib Akhter Mir, having Math at B.Sc.
Out of four candidates, two candidates namely Shoaib Akhtar Mir and Waseem Ahmad Mir applied under Math Stream. Shoaib Akhter Mir, having Math at B.Sc. level as against Waseem Ahmad Mir, who has Math at 10+2 level, had an edge over Waseem Ahmad Mir and was, therefore, selected and engaged as ReT under Math Stream. Petitioner and respondent No. 6 applied under Science Stream. Though both petitioner and respondent No. 6 have B.Sc. Degree to their credit, however, petitioner has Geography, Geology and Zoology subjects at B.Sc. level, while respondent ho. 6 has Zoology, Botany and Chemistry at Graduation level. 8. Respondents issued Provisional Select List, wherein petitioner was shown to have been provisionally selected for ReT position under Science Stream in the aforesaid upgraded Primary School. The provisional select list was, however, subject to objections and any person, aggrieved with the merit status of a candidate, was given liberty to make a representation to respondent No. 5 within 07 days from the date of publication of provisional select list. The provisional select list was published in local daily on 24th August 2012. 9. Perusal of record reveals that State Government, vide Government Order No. 559-Edu of 2012 dated 09.07.2012, constituted a Committee, comprising of Principal State Institute of Education, Principal Higher Secondary School Amira Kadal, Principal Higher Secondary School Batamalloo, Mr. Sheikh Tariq HoD DIET Srinagar, Mr. Shamim Ahmad Lecturer Geography Higher Secondary School Jawahar Nagar, and Mr. Bashir Ahmad Lecturer Geology S.P. Higher Secondary School Srinagar, to examine whether Geography, Geology and Zoology come under the expression “Science”. The Committee examined the matter, and after thorough discussion, opined that Geology and Geography fall within purview of “Earth Science” and that Geology, Geography and Zoology, when taken together, cannot be treated as “Science” subjects. In other words, a candidate, having Geography, Geology and Zoology at Graduation level, cannot be treated as Science Graduate for the purpose of engagement as ReT under Science Stream. The conclusions, arrived at by the Committee, were communicated by Joint Director, Trainings/Principal State Institute of Education, Kashmir, vide his No. SIE/K/1014-15 dated 27.07.2012, to Director, School Education, Kashmir, Srinagar. 10. The respondents, after provisional select list was published on 24th August 2012, took notice of the communication dated 27.07.2012 and issued a fresh Provisional Select List dated 14th December 2012, published in local daily on 15th December 2012.
10. The respondents, after provisional select list was published on 24th August 2012, took notice of the communication dated 27.07.2012 and issued a fresh Provisional Select List dated 14th December 2012, published in local daily on 15th December 2012. The respondent No. 6 was shown as provisionally selected candidate in the Notification dated 14.12.2012. Petitioner, earlier shown as provisionally selected, was dropped as she, in light of opinion framed by the Committee, reflected in communication dated 27.07.2012, did not have “Science” subjects in the context of SSA Scheme at Graduation level. As selection list published on 24th August, 2012 was tentative in character, official respondents even in absence of any objection to it were competent to take note of any deficiency or infirmity in it, and take suo moto necessary corrective steps. 11. Though, selection list dated 14.12.2012, published on 15.12.2012, is tentative and provisional in character and petitioner has a right to submit her objections to provisional selection of respondent No. 6, yet she, without exhausting the remedy available to her, has come up with the writ petition at hand. She challenges the notification dated 14.12.2012 on the grounds urged in the petition. 12. The requirement of Science Subjects at 10+2 and above level, is to be understood in the context of education to be imparted at the Primary and Upper Primary/Middle level. Respondents, while taking a policy decision to fill up all ReTs in upgraded Primary Schools from candidates with Math and Science subjects, appear to have been alive to the deficiency of teaching staff in Math and Science subjects. While existing teaching staff to teach the languages and Social Science was found to be adequate, dearth of such staff on the basis of survey made and inputs received, was found to stand in the way of achieving object of Sarva Shiksha Abhiyan. Resultantly, what respondents are expected to look for, is a candidate with Mathematics as one of the subjects at 10+2 and above level and a candidate with Science subjects at 10+2 and above level. Having regard to the curriculum at Primary and Upper Primary level, a candidate with Physics, Chemistry and Biology would be well equipped to teach students at Primary and Upper Primary level as fundamentals/basics of these subjects are taught at Primary and Upper Primary level. 13.
Having regard to the curriculum at Primary and Upper Primary level, a candidate with Physics, Chemistry and Biology would be well equipped to teach students at Primary and Upper Primary level as fundamentals/basics of these subjects are taught at Primary and Upper Primary level. 13. The students at Primary and Upper Primary level do not have Geology as part of their curriculum and would not require a teacher with higher qualification in Geology. Likewise, there is no dearth of staff to teach Social Science including Geography at Primary and Upper Primary level. The experts, appointed by the Government to examine the matter, have, therefore, rightly opined that a candidate with Geology, Geography and Zoology is not to be treated as a candidate in Science Stream in the context of Sarva Shiksha Abhiyan. 14. For the reasons discussed, there is no merit in the writ petition. The writ petition is, accordingly, dismissed. This, however, shall not stand in the way of petitioner to make use of remedy available to her in terms of Notification dated 14th December 2012 published on 15th December 2012 and oppose inclusion of respondent No. 6 in the provisional selection list on any available ground other than one dealt with by this Court while dismissing the writ petition on hand. 15. Dismissed along with connected CMP(s). Interim direction, if any, shall stand vacated. 16. Record be returned to counsel for respondents.