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2015 DIGILAW 221 (JK)

Gh. Hassan Ganai v. State of J&K

2015-05-01

MUZAFFAR HUSSAIN ATTAR

body2015
JUDGMENT The petitioners sought consideration for being selected/appointed on the posts of Teachers District Cadre Baramulla pursuant to notification no.06/2013 dated 10-05-2013. The petitioners, when they were not selected, were constrained to approach this Court by filing this writ petition. In the writ petition the petitioners have prayed that the respondent-Board be directed to consider B.Ed degree of the petitioners and give them appropriate points in respect of this degree also and place them at the proper place in the final selection list as per their respective merit. The Court on 2nd July, 2015 directed the respondents to accord consideration to the B.Ed. degree of the petitioners and submit report to the Court. The Court on 6th February, 2015 directed that the recommendations of the Board shall not be acted upon in respect of open merit candidates till next date before the Bench. Thereafter on 23rd February, 2015 the Court directed that three vacancies of teachers in District Baramulla under open merit category shall remain unfilled till further orders. It was also provided that this order shall not prevent respondent-Board to accord consideration to the case of petitioners in terms of order dated 22nd January, 2015. Mr. Tasaduq Khawaja, learned counsel appearing for Board submitted that in the OMR form, the petitioners had reflected M.Ed qualification and not B.Ed qualification. Learned counsel submitted that when the forms were fed to the machine it evaluated their merit on the basis of the criteria framed by the Board. Learned counsel submitted that since the petitioners had not mentioned B.Ed qualification in the OMR form so no points were given to them for that degree. It is admitted at Bar that a person can secure M.Ed degree only when he is in possession of B.Ed degree. The respondent Board has denied points for B.Ed qualifications to the petitioners. In the fact situation of this case, the competent authority in the respondent-Board was duty bound to apply its mind in respect of the issue raised in this petition notwithstanding this fact that the machine had evaluated the OMR form. Points fixed for B.Ed qualification have to be awarded to the petitioners as B.Ed qualification is inherent in the M.Ed qualification and they deserve to be given points both for B.Ed qualification and M.Ed qualification as per the criteria fixed by respondent-Board. Points fixed for B.Ed qualification have to be awarded to the petitioners as B.Ed qualification is inherent in the M.Ed qualification and they deserve to be given points both for B.Ed qualification and M.Ed qualification as per the criteria fixed by respondent-Board. The evaluation of OMR application form without further scanning of same by human agency has subjected the petitioners to incalculable sufferings and they have been constrained to approach the Court. In the facts of this case, what emerges, is, that man who has created machine has become its slave and dependent upon it. The God has given brain to a human being which is one amongst the great miracles of the Creator. It is the human brain which has devised and created the machine. Machines have been created for the convenience of the people and not to destroy their rights. Had some of the responsible officers in the respondent Board directed for evaluation of the material by a human being, the mistake which the machine has committed would have never been committed. For the aforesaid reasons this writ petition along with connected IA’s is disposed of and respondent-Board is directed to assign points to the B.Ed qualification of the petitioners and evaluate their merit. It is further directed that, in the event, after undertaking such an exercise, the petitioners make it to the selection list then their names shall be recommended to competent authority for their appointment on the posts of the teachers, which stand reserved in terms of Court order. This exercise shall be initiated and concluded within two weeks. In case recommendations are made for their appointment then the appointing authority shall issue orders within one week thereafter. In the event the petitioners are recommended for being appointed on the post of teachers then their seniority shall be determined on the basis of the merit secured by them in the selection process. Before parting with this judgment, it is deemed appropriate to impress upon all the authorities to depend more on their mental faculties than on machines. The machines are to be utilized for the benefit of man. The results generated by machines has to be further scanned by appropriate authorities. The Chief Secretary to constitute a committee of experts, who will frame guidelines to be followed by all departments to ensure that no one is deprived of his genuine right. The machines are to be utilized for the benefit of man. The results generated by machines has to be further scanned by appropriate authorities. The Chief Secretary to constitute a committee of experts, who will frame guidelines to be followed by all departments to ensure that no one is deprived of his genuine right. Registry to serve copy of this order on the Chief Secretary.