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2015 DIGILAW 361 (JK)

Ajaz Abdul Nafie Bhat v. State of J&K

2015-07-27

HASNAIN MASSODI, N.PAUL VASANTHAKUMAR

body2015
JUDGMENT : N. Paul Vasanthakumar, J. 1. This appeal is filed by the appellant against the order dated 10.07.2014 made in SWP No. 2167 of 2012 wherein the writ petition filed by the appellant was dismissed by the learned Single Judge. 2. The case of the appellant is that one post of SSA, PS Gugloosa within the area of Zonal Education Officer Trehgam came to be advertised along with other posts in daily newspaper “Uzma” on 05.08.2009. The appellant applied for the said post and a merit list was drawn. The appellant’s name was placed at serial no. 2 with 56.87 % marks and the respondent no.5 was placed at serial no.4 as he secured 54% marks. The tentative select list was published in the daily newspaper “Tameel-i-Irshad” showing respondent no.5 to have been selected for the said post. The appellant filed SWP No. 393 of 2011 and prayed for considering his grievance about his non-selection. The said writ petition was disposed of on 27.12.2012 with a direction to the Director School Education Kashmir to take a decision in the matter within eight weeks. 3. The appellant again filed SWP No. 2167 of 2012 and during the hearing of the writ petition an order dated 23.01.2013 was produced before the Writ Court, stating that the University of Kashmir has opined that the BA Degree possessed by the appellant from Devband was not considered as equivalent to BA Degree of University of Kashmir as the appellant had not passed the General English of B.A. Standard of the Kashmir University. The appellant was given higher rank, namely, 56.87 % of marks on the basis of his B.A Degree which he possessed. The said degree having been found not equivalent by the University of Kashmir, as his rank was given a go bye and the private respondent was selected. 4. The degree obtained by the appellant having been found as not equivalent to B.A. Degree of University of Kashmir, which is a expert body, the learned Single Judge dismissed the writ petition filed by the appellant as the appellant was not possessed of a valid B.A. Degree. 4. The degree obtained by the appellant having been found as not equivalent to B.A. Degree of University of Kashmir, which is a expert body, the learned Single Judge dismissed the writ petition filed by the appellant as the appellant was not possessed of a valid B.A. Degree. Though it is contended by the appellant that he possessed B.A and M. A degree, the competent University having found that B. A Degree of the appellant is not equivalent to the B.A. Degree awarded by the University of Kashmir due to the fact that he has not passed the General English of B. A. Standard of Kashmir University, we are unable to find any reason to interfere with the order of the learned Single Judge. 5. There is no merit in the appeal and the same is dismissed. No costs.