M.M. Kumar, C.J. 1. The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 17.05.2013 rendered by the learned Single Judge of this Court allowing the writ petition filed by one Mohd. Arif-respondentNo.5. The learned Writ Court held that the relevance of additional qualification pertaining to a subject other than the one for which the post is to be filled would be relevant and a candidate who have superior educational qualification would have edge over the other. The view of the learned Single Judge is discernible from paras 7 to 10, which read thus:- "7. The letter (guidelines) issued by the Additional Secretary to Government, School Education addressed to Director School Education, wherein observations made in the judgment dated 12.4.2011 passed in SWP No. 1988/09 has been quoted and then the decision of the judgment of having been up-held in LPA No.117/2011 has been made mention of. 8. Relevance of additional qualification which is not the subject specific is settled but at the same time, in the instant case, the factual position is a bit different, i.e., both the candidates, appellant as well as respondent No.5 possessed Match background only at 10+2 level. Both are graduates in Arts but both have technical qualification of B.Ed. In terms of Guideline No.4, as quoted above, issued vide Government Order No.1503-Edu of 2003 dated 01.10.2003, it is amply clear that extra weightage be allowed to B.Ed./M.Ed. The position of the appellant and respondent No.5 has to be adjudged keeping in view the superior merit in the technical qualification of B.Ed because it has extra weightage. This aspect of the case was not in issue of the judgment as rendered in SWP No. 1988/09 or in LPA No.117/2011 and it is in the same background in para 12 of the LPA judgment, it is made clear that only other question to be examined was whether the possession of M.A. degree in Urdu can ensure any special preference which has been answered in negative. The wording employed would show that other issues such as possession of technical qualification which has an edge has to be considered by the authorities concerned, that consideration is not closed by the said judgment. 9. The wording employed would show that other issues such as possession of technical qualification which has an edge has to be considered by the authorities concerned, that consideration is not closed by the said judgment. 9. Suppose one candidate is graduate with Math background and is superior in merit at graduation level as against another candidate who also possesses technical qualification of B.Ed, it is the candidate with technical qualification, i.e.. B.Ed who has to be given extra weightage. When it is so, out of the two candidates possessing technical qualification of B.Ed, the candidate with superior merit at B.Ed level automatically shall have a preference. Applying the said principle, in the instance case, admittedly, it is the petitioner, who has superior merit at B.Ed level. So that position of the petitioner has to be considered. 10. In the aforesaid background, the writ petition is allowed. The respondents are directed to re-consider the position of the petitioner and respondent No.5 in the light of the observations made hereinabove and select and engage the meritorious candidate. The said exercise be undertaken and completed within a period of six weeks." (emphasis added) 2. Sh. K.S. Johal, learned senior counsel appearing for the appellant has argued that the view taken by the learned Writ Court is contrary to the ratio of the judgment rendered by a Division Bench of this Court in the case of Javeed Ah. Khanday v. State of J&K and others, 2012 (IV) SLJ 1059 : 2012 (3) JKJ HC-594. Our attention has been drawn to paras 8, 9 and 10 of the judgment to argue that higher degree in a subject different than the one relevant to the post would not be of any help nor it would be utilized for determining inter se merit of the candidates. According to the learned counsel, even official respondents have supported the cause of the appellant. 3. Mr. Ravinder Sharma, learned State counsel has supported the argument on the ground that the policy of the State Government concerning the subject in issue is that only those qualifications which are in the same field for which the post is advertised would constitute basis for consideration and determining inter se merit. In that regard a reference has been invited to the communications dated 27.05.2009 and 07.08.2009. 4. Mr. In that regard a reference has been invited to the communications dated 27.05.2009 and 07.08.2009. 4. Mr. Z.A. Mughal, learned counsel for writ petitioner-respondent No.5 has however, tried to distinguish the judgment of the Division Bench rendered in Javeed Ah. Khanday's case (supra) and the facts of the case in hand. 5. Having heard learned counsel for the parties at length and perusing the record with their able assistance, we are of the considered view that the opinion expressed by the learned Single Judge for preferring higher qualification irrespective of relevance of its subject is liable to be set aside. Firstly we would like to extract the communication addressed to the Chief Education Officers dated 27.05.2009, which reads as under: - " Government of Jammu and Kashmir Director of School Education Kashmir (SSA Unit) The Chief Education officer, ___________________(All) No: - DSEK/Legal/91/09/3651-60 dated 27.05.2009 Subject: - Selection of R.e.T's in newly up-graded schools. Sir, Kindly refer to the subject cited above. In this connection the determination of merit in the below mentioned cases was discussed with Secretary Education on 19.05.2009. (A) BSc (Science or Math) + B.Ed v/s M.Sc/MA (Math) (B) 10+2 (Math and Science)+BA (without Math) + B.Ed v/s BSc/BA Math. (C) For New Opening slots (MA Education+ B.Ed v/s MSc B.Ed) In the above referred situations, the candidates with following qualification are to be given preference. * MSc/MA (Math), (for situation A) * BSc/BA (Math, (for situation B) For the situation maintained at (C) the comparative at the PG level is to be considered for the determination of the merit. Director School Education Kashmir" In the same vein is the letter dated 07.08.2009, which is set out below in extenso:- "Government of Jammu and Kashmir Education Department, Civil Secretariat To The Director, School Education, Kashmir. No. Edu/NC/SE/415/2008 Dt. 07.08.2009 Subject:- Determination of qualification / merit for engagement of ReTs. Ref:- Director School Education Kashmir's letter No.DSEK/T/Legal/236-Misc/3926 dated 22.07.2009 and DSEK/T/Legal/223-Misc./3940-50 dated 28.07.2009. No. Edu/NC/SE/415/2008 Dt. 07.08.2009 Subject:- Determination of qualification / merit for engagement of ReTs. Ref:- Director School Education Kashmir's letter No.DSEK/T/Legal/236-Misc/3926 dated 22.07.2009 and DSEK/T/Legal/223-Misc./3940-50 dated 28.07.2009. Madam, In reference to above noted letters I am directed to convey that Ministry of Human Resources Development, Department of School Education and Literacy, Government of India Vide its communication bearing No. F.2-3/2005-EE.3 dated 22nd February, 2008 has prescribed following mode of selection for teachers under SSA with effect from 01.04.2008 the relevant portion of which is reproduced as under:- (Sic) Posts of the three teachers sanctioned under SSA for every new upper primary school, one each will need to be a teacher with Mathematics and Science specific educational background. In view of the above rule position the candidates having higher qualification in Science /Mathematic subjects will have to be given preference. Accordingly, in the above referred three cases: 1. B.Sc (Non-Medical), M.Sc Statistics shall have an edge over BA (Math), B.Ed, MA Economics. 2. M.Sc Zoology, B.Ed, shall have preference over B.Sc, M.Ed and; 3. B.Sc, B.Ed candidates shall have priority over the candidate having MA(Education). Yours faithfully, Additional Secretary to Government, Education Department" 6. A conjoint reading of the letters would make it evident that the principle which governs the determination of inter se merit for appointment of teachers under SSA for the subject of Science or/and Math would be that graduation or post-graduation degrees in the Science or Math alone are to be considered. If a degree does not show study of Science or Math as subject then it would not be relevant. 7. In the case in hand an advertisement notice was issued by the Chairman, Sarva Shikhsha Abhyan (Chief Education Officer) Poonch inviting applications from the permanent residents of J&K for engagement as Rehbar-e-Taleem teacher at village/Panchayat level for two vacancies namely one with Science background and other with Mathematic background in upgraded Middle School Niman Panyari of village Surhotti of Zone Harni. The appellant as well as respondent No.5 had applied and their cases were considered. A tentative select list for Science and Mathematics was prepared. In the Mathematics stream respondent No.5 was tentatively selected, which was not approved as conveyed by the Joint Director, School Education, Jammu vide his letter dated 03.09.2012. The appellant as well as respondent No.5 had applied and their cases were considered. A tentative select list for Science and Mathematics was prepared. In the Mathematics stream respondent No.5 was tentatively selected, which was not approved as conveyed by the Joint Director, School Education, Jammu vide his letter dated 03.09.2012. It was observed that the panel has not been prepared in accordance with the instructions dated 28.03.2012, which make a reference to the Division Bench Judgment rendered in LPA No. 117/2011 (Afroza Jan v. State and others). There is no dispute that the appellant and respondent No.5 have passed 10+2 with Math background and graduation in Arts with B.Ed degree. It is evident that the appellant has edge at 10+2 level although at graduation level respondent No.5 has more marks than the appellant. This can be explained with the help of following table:- Mohd. Arif: 10+2 Graduation B.Ed. 240/600(40%) 810/1650(49.09%) 534/1000(53.4%) Amjid Chaughati: 10+2 Graduation B.Ed. 252/600(42%) 795/1650(48.18%) 525/1000(52.5%) 8. The official respondents have considered the merit on the basis of 10+2 qualification which obviously favoured the selection of the appellant. However, learned Single Judge considered the merit at graduation and B.Ed level which give an edge to writ petitioner-respondent No.5. It is also not disputed that at graduation level or B.Ed level both appellant and writ petitioner-respondent No.5 did not study the subject of Mathematics. Therefore, those degrees would be rendered irrelevant for the purpose of determining inter se merit. 9. The Programme of SSA is aimed at achieving the object of universal education at elementary level within fixed time frame. The basic object of the Programme is to make the fundamental right to free and compulsory education for the children of 6-14 years of age group as a reality, which in fact was incorporated by 86th Amendment of the Constitution. The Programme is implemented in partnership with the State Government. In the State of Jammu and Kashmir, the Programme succeeded Rehbar-e-Taleem or Education guide Scheme launched vide Government Order No.96-Edu of 2000 dated 24.04.2000. One of the objects of this Programme is to meet the demand for quality based education and to bridge the gap between different sections of the society. In the State of Jammu and Kashmir, the Programme succeeded Rehbar-e-Taleem or Education guide Scheme launched vide Government Order No.96-Edu of 2000 dated 24.04.2000. One of the objects of this Programme is to meet the demand for quality based education and to bridge the gap between different sections of the society. It has thus, become necessary to place extra focus on teaching Science and Mathematics at the primary school level, so as to inculcate scientific temperaments, holistic literacy and numeracy improvement-at primary level that would combine language and Social Science with Mathematics and Science. The Programme was given a fresh look on 01.04.2008 when a revised SSA Scheme was notified making it imperative to fill up all Rehbar-e-Taleem posts that become available from amongst eligible candidates having Mathematics and Science background. 10. It is in the said background that a candidate having highest qualification in the respective discipline i.e. Mathematics or Science is to have an edge over a candidate having such subjects at a lower level as has been observed in para 8 of the judgment in Javeed Ah. Khanday's case. If a candidate has Masters degree in Mathematics or Science to his credit then he is to given preference over a candidate having Mathematics at Graduation level irrespective of other qualification possessed by such candidate. Likewise a candidate having Mathematics or Science at Graduation level is to be given preference over a candidate having Mathematics or Science at 10+2 level, ignoring any additional qualification like M.Ed or B.Ed possessed by such candidate. In other words, preference is attached to the level of proficiency/qualification in Mathematics or Science. As already observed this principle find expression in communication dated 27.05.2009 which has already been extracted in the preceding para. 11. Moreover the matter is no longer res integra and a Division Bench of this Court of which one of us (M.M.Kumar-CJ) was a member has already held as under:- "In the case in hand the appellants have Mathematics at 10+2 level while as the respondents have Mathematics at the Graduation level. The respondents therefore have an edge over the appellants and have been rightly selected for the advertised posts. The respondents therefore have an edge over the appellants and have been rightly selected for the advertised posts. The B.Ed degree to the credit of appellants does not brighten up their chances as against the respondents for the simple reason that the degree looses its significance in view of the higher qualification in Mathematics to the credit of the respondents. The professional degree like B.Ed or M.Ed, is to have relevance only where the competing candidates have Mathematics or Science at the same level. To illustrate, if two candidates with M.Sc Mathematics or Science aspire for a Rehbar-e-Taleem position and one of them has also B.Ed degree to his credit, the candidate with M.Sc and B.Ed degree is to have edge over the candidate with M.Sc degree. The reliance on Govt. Order no.1583-Edu of 2003 dated 01.10.2003, is grossly misplaced for the reason that the order was made when SSA Scheme was yet to be revised and there was no requirement of filling up the available Rehbar-e-Taleem positions from the candidates having Mathematics and Science educational background. 12. A perusal of the aforesaid para makes it patent that preference is to be given to the subject concern and not to the degree, if it is without that subject. If the aforesaid principles are applied then the appellant certainly has more merit than the writ petitioner-respondent No.5 at the level of 10+2. In 10+2 the appellant had secured 252 out of 600 marks whereas respondent No.5 had secured 240 marks out of 600. Therefore, the appeal merits acceptance. 13. As a sequel to the above discussion this appeal succeeds and is allowed. Consequently the judgment of the learned Single Judge is set aside. Order of official respondents appointing the appellant is upheld. The writ petition filed by respondent No.5 is dismissed. 14. The appeal along with connected application stand disposed of in the above terms.