JUDGMENT : Ali Mohd. Magrey, J. 1. This writ petition was originally heard on 30.12.2013 and judgment was reserved. While preparing the judgment, it was noticed that the whole controversy involved in the writ petition boiled down to, and the claim of the parties - petitioner and respondent No. 8 - hinged on finding whether or not respondent No. 8, namely, Miss Sheeraza Akhtar, had obtained the M.Sc. Degree in the subject of Zoology, from Vinayaka Missions University, Tamil Nadu, in 2007 as a regular student or had obtained it through distance mode. This Court, on 29.01.2014, therefore, passed the following order: "1. Petitioner and respondent No. 8 herein had offered their candidature for the post of ReT available in the upgraded Primary School Ganiepora, notified by respondent No. 4, Zonal Education Officer, Dooru, vide advertisement notice dated 02.03.2009. As per the averments made in the petition, the petitioner possessed 10+2 with Science subjects and Graduation in Science. She had also obtained Masters in Environmental Science (Disaster Mitigation Course) from Sikkim Manipal University of Health, Medical and Technology Sciences in 2003; whereas respondent No. 8 possessed 10+2 in Science, Graduation and also M.Sc. Zoology from Vinayaka Missions University. The Postgraduate degrees of both the candidates were not considered, having been obtained through distance mode and being not recognized by the University of Kashmir. On the basis of the merit at Graduation level, petitioner was selected and appointed against one of the two advertised posts meant for Science Stream." Respondent No. 8 filed writ petition, SWP No. 2266/2011, challenging the appointment of the petitioner herein on the ground that she had obtained Post Graduation Degree in Science stream as a regular student and, therefore, her Post Graduation Degree had to be taken into consideration. The writ petition was disposed of by order dated 10.07.2012 in the following manner: 'Respondent No. 2 is directed to seek clarification from respondent No. 5 (University of Kashmir) in the light of the observations made in this judgment and after obtaining clarification take a decision. The selection and engagement of private respondent will dependent upon the clarification so received from respondent No. 5. In the event respondent No. 5 clarifies that the Post Graduation Degree is recognized by the Kashmir University, then due weightage shall be given to the same and fresh orders for selection and engagement of the meritorious candidates shall be passed.' 2.
The selection and engagement of private respondent will dependent upon the clarification so received from respondent No. 5. In the event respondent No. 5 clarifies that the Post Graduation Degree is recognized by the Kashmir University, then due weightage shall be given to the same and fresh orders for selection and engagement of the meritorious candidates shall be passed.' 2. Pursuant to the above Court direction, the Director, School Education, Kashmir, has passed Order No. 1070-DSEK of 2013, dated 10.4.2013 holding and ordering as under: 'Whereas the case was considered in light of the reports received from the University of Kashmir, Vinayaka Mission Research Foundations and respective claims of petitioner and private respondent, it was found that the petitioner's M.Sc. Degree in Zoology through Vinayaka Mission's Research Foundation is valid as clarified by University of Kashmir/Vinayaka Mission Research Foundations. Whereas the petitioner being M.Sc. Zoology emerges meritorious than private respondent namely Nahida Shaheen. Now, therefore, selection/engagement of Nahida Shaheen B.Sc./B. Ed D/o Gh. Mohi-ud-Din R/O Ward No. 5 Dooru Anantnag (Private Respondent No. 6) as ReT is hereby withdrawn and Mtr. Sheeraza Akhter D/O Gh. Nabi Sheikh R/O Dooru Mirmaidan M.Sc. Zoology is selected as ReT Science in UPSA Ganaipora.' 3. In this petition, the petitioner has sought quashment of communication bearing No. F(Equivalence-Recognition)/KU/13, dated 30.01.2013 issued by the Assistant Registrar Academics and the aforesaid order issued by the Director, School Education and her continuance on the cost to which she was appointed. 4. The case of the petitioner is that Vinayaka Mission University earlier known as Vinayaka Missions Research Foundation (Deemed University) (VMRF), Tamil Nadu, was not offering a regular mode for M.Sc. Zoology but these courses were imparted to the candidates as Distance Education Courses. This situation still subsists. It is averred in the petition that according to her information, UGC/MHRD has not granted any approval to Vinayaka Missions Research Foundation University (VMRF) to establish campuses in State of J&K, moreso, for M.Sc. Zoology. To substantiate the aforesaid submission, the petitioner has placed on record information sought by her under Right to Information Act, 2005 on 11.05.2012. It is stated that it is evident from the said information supplied to the petitioner that M. Sc. Zoology is not being offered as a course on regular basis either in campus or study centres. 5. The further case of the petitioner is that respondent No. 8 was pursuing B.Ed.
It is stated that it is evident from the said information supplied to the petitioner that M. Sc. Zoology is not being offered as a course on regular basis either in campus or study centres. 5. The further case of the petitioner is that respondent No. 8 was pursuing B.Ed. Course in 2005 in Veeta College to which she was admitted through Kashmir University. The Post Graduate Degree Certificate of M.Sc. Zoology of respondent No. 8 shows that she has passed the said course in 2007. The M.Sc. Course is of two years, meaning thereby she had been admitted to M.Sc. Course somewhere in 2005. It is submitted that she could not have been pursuing the two courses as a regular student during the same period. 6. It is further averred that in order to take admission as a regular student at Vinayaka Missions University to pursue M.Sc. Zoology, respondent No. 8 would need migration certificate, which she has not obtained. Therefore, she could not have been a regular student to M.Sc. Zoology at the aforesaid University. 7. The petitioner has further averred that these facts were brought to the notice of the University authorities as well as the Director, School Education, but they have failed to accord due consideration to the petitioner's case. Further, in support of the claim put forth by the petitioner that the respondent No. 8 has obtained the Post Graduate Degree in question through distance mode, she has appended with the petition two certificates issued by Vinayaka Missions University in favour of respondent No. 8 as Annexures C and C1. These certificates read 'Directorate of Distance Education'. 8. The respondents have filed their respective replies. The State respondents in their objections have stated that respondent No. 8 has been awarded Post Graduate Degree in M.Sc. Zoology as a regular student and that she has not obtained the said Degree through distance mode. It is averred that Vinayaka Missions Research Foundation (VMRF) Salem, Tamil Nadu is authorized to award M.Sc. Degree in regular mode in UGC/MHRD approved campuses.
Zoology as a regular student and that she has not obtained the said Degree through distance mode. It is averred that Vinayaka Missions Research Foundation (VMRF) Salem, Tamil Nadu is authorized to award M.Sc. Degree in regular mode in UGC/MHRD approved campuses. In this connection, it is stated that letter dated 09.03.2012 addressed by Under Secretary, University Grants Commission, New Delhi, shows that VMRF, Salem, Tamil Nadu has been declared as Deemed University vide notification dated 01.03.2001 and that Deemed University is entitled to run courses through its Ministry of HRD and UGC approved campuses in regular mode in UGC approved subjects. It is also stated that it can award M.Sc. Zoology Degree in regular mode in UGC/MHRD approved campuses. 9. It is further stated that pursuant to the judgment of the Court, the matter was taken up by the Deputy Director (P&S), Directorate of School Education, Kashmir, with the Registrar Academics/Dean Academics, University of Kashmir requesting him to examine the case. In response the Assistant Registrar, Academics vide letter dated 30.01.2013 informed that as per letter dated 09.03.2012 of the Under Secretary, UGC, New Delhi, the VMRF/MHRD, Salem, Tamil Nadu is authorized to award M.Sc. Zoology Degree in regular mode in UGC/MHRD approved campuses and that the authenticity of the certificates/documents of the candidate having purportedly pursued M.Sc. Zoology course in regular mode from VMRF Salem, Tamil Nadu, be ascertained from the said University. Thereupon, vide letter dated 25.02.2013 matter was taken up with Controller of Examinations, VMRF, Salem, Tamil Nadu, for verifying the marks certificate of the private respondent. The Controller vide his letter dated 18.03.2013 informed that the marks certificate and the Degree Certificate of the private respondent of M.Sc. Zoology has been verified with records and has been found genuine. 10. The University respondents in their reply have, inter alia, stated that the answering respondents office examined the case in light of the letter dated 09.03.2012 issued by the Under Secretary, UGC and conveyed the detailed position to the Directorate of School Education vide communication dated 30.01.2013 with a mention that further clarification in the matter be sought from University Grants Commission. 11. Respondent No. 8 in her reply has, among other things, stated that she has been awarded Post Graduate Degree in M.Sc. Zoology as a regular student and that she has not obtained the said Degree through distance mode.
11. Respondent No. 8 in her reply has, among other things, stated that she has been awarded Post Graduate Degree in M.Sc. Zoology as a regular student and that she has not obtained the said Degree through distance mode. Rest of the assertions made in the said reply are more or less the same as have been stated by State respondents in their reply and narrated above. 12. I have heard learned counsel for the parties, minutely perused the record and considered the matter. 13. The official as well as the private respondent No. 8 have principally relied upon the letter of the Under Secretary, University Grants Commission, New Delhi, stating that VMRF, Salem, Tamil Nadu has been declared as a Deemed University vide notification dated 01.03.2001 and that the Deemed University is entitled to run courses through its Ministry of HRD and UGC approved campuses in the UGC approved subjects and that it can award M.Sc. Degrees in Zoology in regular mode. 14. It may be true that the VMRF has been declared as a Deemed University to conduct courses through MHRD and UGC approved campuses in the UGC approved subjects, including M.Sc. Degree in Zoology, but the real question is whether VMRF is actually conducting such courses in any of its MHRD/UGC approved campuses and whether respondent No. 8 has really done regular mode M.Sc. as a regular student of any of such campuses? 15. Petitioner has placed on record certain downloaded documents as Annexures D to D18. It transpires from these document that the VMRF is offering M.Sc. Courses in various subjects through distance mode. One of these subjects is M.Sc. Zoology. The petitioner has also appended with the petition as Annexure 'C' communication dated 11 May 2012, along with annexure thereto from the University Grants Commission as information furnished to her under Right to Information Act. As per this communication, query No. 2 pertained to UGC/MHRD approved campuses list in Science Stream of VMRF and in reply thereto the list has been supplied to the petitioner. Query No. 3 reads 'whether there is any campus of VMRF in J&K State' and the reply given is 'the UGC has not granted any approval to VMRF to establish campus in J&K State.' 16. So far as the list of UGC/MHRD approved campuses in Science Stream of VMRF is concerned, it shows 14 constituent units.
Query No. 3 reads 'whether there is any campus of VMRF in J&K State' and the reply given is 'the UGC has not granted any approval to VMRF to establish campus in J&K State.' 16. So far as the list of UGC/MHRD approved campuses in Science Stream of VMRF is concerned, it shows 14 constituent units. The 1st is shown to be a Dental College; the 2nd, a Medical College; the 3rd, a Nursing College; the 4th, a Medical College; the 5th, College of Physiotherapy; the 6th, College of Pharmacy; the 7th, 'Vinayaka Mission's Kirupananda Variyar Arts and Science College; the 8th, Engineering College; the 9th, Institute of Technology; the 10th Medical College; the 11th College of Nursing; 12th Medical College; 13th College of Nursing and 14th Off-shore campuses at Bangkok, Thailand. Out of these 14 units, i.e., campuses, only the 7th one is shown to be Arts and Science College. This is shown to be at Kirupananda Variyar. 17. Annexure 'C' is a document dated 19.11.2012 titled "Transcript" showing the details of marks obtained for the duration of Two years. It certifies to the following effect: 'This is to certify that Sheraza Akhter bearing\Reg. No. A533300016, admitted for M.Sc. Zoology during July-2005 to July-2007. She has completed and passed out the program in the Examination held during July-2007.' This Certificate has been signed and issued by 'Dr. T. Sivakami, Assistant Controller of Examinations, Directorate of Distance Education, Vinayaka Missions University, Salem-636 306 TN'. The name of the institution at the top of the certificate in bold letters reads "VINAYAKA MISSIONS UNIVERSITY DIRECTORATE OF DISTANCE EDUCATION'. 18. Annexure 'C1' is another certificate titled "to whomsoever it may concern" issued under Ref No. VMU/DDE/OCV/1231, dated 05.11.2012. This certificate, too, bears the name of the institution at the top in bold letters 'VINAYAKA MISSIONS UNIVERSITY DIRECTORATE OF DISTANCE EDUCATION'. The certificate is to the following effect: 'This is to certify that the Degree Certificate bearing Sl. No. 022105, issued to Sheraza Akhter under Registration No. A533300026 for M.Sc-Zoology has been verified and found correct.' This certificate, too, has been signed and issued by Dr. T. Sivakami, Assistant Controller of Examinations, Directorate of Distance Education, Vinayaka Missions University Salem- 636 308 T.N. 19. The official-State respondents have also produced the original records titled 'SWP No. 9575/13, Ms. Nahida Shaheen v/s'. This record file is not page marked.
T. Sivakami, Assistant Controller of Examinations, Directorate of Distance Education, Vinayaka Missions University Salem- 636 308 T.N. 19. The official-State respondents have also produced the original records titled 'SWP No. 9575/13, Ms. Nahida Shaheen v/s'. This record file is not page marked. One of the documents on the record file at page 32 is 'BONAFIED CERTIFICATE' (sic) issued by Directorate of Distance Education, Vinayaka Missions University, Sankari Main Road (NH-47, Ariyanoor, Salem - 630 308, Tamilnadu, India. This document has again been signed by Dr. T. Sivakami, Assistant Controller of Examinations, Directorate of Distance Education, Vinayaka Missions University, Salem-636 308 T.N. Few of the details as contained in this document are extracted below: 'Directorate of Distance Education BONAFIED CERTIFICATE 1) Name of the candidate Sheraza Akhter 2)..................... 3)..................... 4)..................... 5)..................... 6) Details of Degree/Course/Institute/College/University a) Name of the Institute/College/University VINAYAKA MISSIONS UNIVERSITY, ARIYANOOR, SALEM, TAMIL NADU. b).......................... c).......................... d).......................... e).......................... f).......................... g).......................... h) Status of the Institute/College/University Deemed (Deemed/Affiliated) i) Whether the candidate has completed his/her course in main campus: Yes Please furnish the following details: a) Name and Address of the Institute/College where the candidate has completed his/her course: VINAYAKA MISSIONS UNIVERSITY, ARIYANOOR, SALEM, TAMILNADU. (b) Name and address of the University with which the institute/college is affiliated: VINAYAKA MISSIONS UNIVERSITY. 7) It is certified that the character of the candidate during the stay w.e.f. July-2005 to July-2007 in the institute College/University has remained satisfactory. Any other comments, please record.............' 20. All the aforesaid certificates, as already mentioned, have been issued by Dr. T. Sivakami, Assistant Controller of Examinations, Directorate of Distance Education, Vinayaka Missions University, Salem-636 308 T.N. It is further seen that respondent No. 8 is shown to have completed her course in main campus. The name and address of the main campus is shown to be VINAYAKA MISSIONS UNIVERSITY, ARIYANOOR, SALEM, TAMIL NADU. The information supplied to the petitioner under RTI Act by the UGC containing the list/names of the UGC/MHRD approved campuses, referred to hereinabove, does not show any such campus named VINAYAKA MISSIONS UNIVERSITY, ARIYANOOR, SALEM, TAMIL NADU to have been approved by the MHRD/UGC. 21. In response to the specific averments made in paragraph 5 of the writ petition pertaining to Annexures C and C1, private respondent No. 8 has stated that "the answering respondent has been awarded post graduate degree in M.Sc. Zoology as a regular student.
21. In response to the specific averments made in paragraph 5 of the writ petition pertaining to Annexures C and C1, private respondent No. 8 has stated that "the answering respondent has been awarded post graduate degree in M.Sc. Zoology as a regular student. She has not obtained the said degree through distance mode." Award of certificate as a regular student is one thing and having pursued the course as a regular mode course student of any of the Campuses of the University is another thing. In any case, the private respondent has maintained a conspicuous silence about these certificates, Annexures C and C1. 22. The aforesaid certificates raise a serious suspicion about the whole affair and should have sounded a caution to the Director, School Education, Kashmir, to ascertain the real facts and to remove the doubt. Instead of doing that, the official State-respondents in their reply have sought to contest this writ petition making statements as if they are themselves running VMRF and have first hand information about the affairs of the said University. 23. From the documents referred to above, particularly the information supplied to the petitioner under RTI Act, it is not conclusively established that VMRF is actually conducting such regular mode course in any of its MHRD/UGC approved campuses and/or that respondent No. 8 has attended the M.Sc. Zoology course as a regular student of MHRD/UGC approved campuses of the VMRF. 24. The Kashmir University authorities and Director, School Education, Kashmir, both have missed the real point. They have not enquired or verified from the UGC or VMRF whether the University was actually conducting the regular mode course of M.Sc. Zoology in any of its MHRD/UGC approved campuses and, further, whether respondent No. 8 has actually been a regular student of Regular Course M.Sc. Zoology of MHRD/UGC approved campuses of the VMRF. The University instead sought the information on the status of VMRF. The Director on his part, as is ex facie clear from the impugned order, has sought authentication of the certificates of respondent No. 8. In this connection, the Director, School Education, Kashmir, in the impugned order has noted as under: 'Whereas the case was also taken up with the Vinayaka Mission's Research Foundation Salem Tamil Nadu vide letter No. DSEK/Legal/435 Misc/4052, dated 25/02/2013 for authentication of certificate of petitioner.
In this connection, the Director, School Education, Kashmir, in the impugned order has noted as under: 'Whereas the case was also taken up with the Vinayaka Mission's Research Foundation Salem Tamil Nadu vide letter No. DSEK/Legal/435 Misc/4052, dated 25/02/2013 for authentication of certificate of petitioner. Whereas the Assistant Controller of Examination Vinayaka Mission's Research Foundation vide No. VMU/GC/OCV/1469, dated 18/03/2013 issued authentication as under: 'With reference to the above subject, it is to inform you that we have issue the following certificates to SHEERAZA AKHTER under Registration No. A533300026 for M.Sc. Zoology program. S.No. Name of the Certificated Certificate NO. 01 Statement of Marksheet Folio No. 202342, 204146 02 Degree Certificate Sl. No. 022105 The photocopies of the above certificates sent by you has been verified with our records and found genuine.'' The marks sheet (photocopy), bearing folio No. 202342 exists at page 27 of the original record file. It is the II semester 'Statement of Marks' of Sheraza Akhter. It is shown to have been issued on 10.12.2007. The marks sheet bearing folio No. 204146 is at page 19 thereof. It is the I Semester 'Statement of Marks'. It is shown to have been issued on 26.04.2007. Both these certificates bear the name of the university as 'VMRF Deemed University, Salem, Tamil Nadu India'. The Certificates have been signed by Addl. Controller of Examinations. The Degree certificate bearing Sl. No. 022105, exists at page 10 of the original record. It is signed by Registrar and Vice Chancellor. The name of the university at the top of the document is shown to be 'Vinayaka Missions University'. The certificate has been issued on 07.07.10. It contains the inscription 'Given under the seal of the University (Formerly Vinayaka Missions Research Foundation Deemed University'. 25. The certificate, appended as Annexure C1 to the petition, exists at page 21 of the original record. However, the certificate, Annexure C to the petition is not there on the original record. As already mentioned, these certificates are shown to have been issued by Directorate of Distance Education, Vinayaka Missions University. It is reiterated that the certificate, Annexure C to the petition is the Transcript issued by Directorate of Distance Education, Vinayaka Missions University in favour of respondent No. 8 showing the details of the narks obtained by her in the First Year and the Second year.
It is reiterated that the certificate, Annexure C to the petition is the Transcript issued by Directorate of Distance Education, Vinayaka Missions University in favour of respondent No. 8 showing the details of the narks obtained by her in the First Year and the Second year. The address at the bottom of this document is shown 'Sankari Main Road (NH-47), Ariyanoor, Salem 636308', i.e., the same as is mentioned in the document captioned as "BONAFIED CERTIFICATE" extracted hereinabove. 26. The impugned order does not show that the Director has applied his mind to the aforesaid certificates. In any case, there is no finding recorded as to the discrepancies depicted by the aforesaid certificates--one set definitely showing Directorate of Distance Education. The aforesaid certificates have not been got authenticated. The impugned also does not show anywhere that the Director or the Kashmir University authorities have made any verification to get an answer to the aforesaid questions and doubts which are discernable to a naked eye. The certificates relied upon by the Director lack the aforesaid information. It may also be observed here that it is nobody's case that respondent No. 8 has obtained the M.Sc. Zoology in any Open University Course. There is also no document produced either by respondent No. 8 or the official respondents to substantiate that respondent No. 8 has been a regular student of the regular mode course of M.Sc. Zoology in any of the MHRD/UGC approved campuses of VMRF. 27. It hardly needs to be mentioned here that the University of Kashmir vide its Circular dated 17.05.2010 has ordered that the degrees awarded by the Universities through Distance Mode in the subjects falling in the Science stream where practicals are part of the curriculum and degrees in research programmes are not considered as equivalent to the corresponding degrees of the University. 28. In light of the above, it would not be appropriate to take a final decision in the matter, unless the facts are fully ascertained and established. Since the authorities of the Kashmir University and the Directorate of School Education, Kashmir, have failed to discharge their respective responsibilities, the Court is left with no option but to refer the matter to the Crime Branch for making necessary enquiries and ascertaining the truth of the matter.
Since the authorities of the Kashmir University and the Directorate of School Education, Kashmir, have failed to discharge their respective responsibilities, the Court is left with no option but to refer the matter to the Crime Branch for making necessary enquiries and ascertaining the truth of the matter. The whole matter appears to be somewhat fishy and requires in-depth probe and investigation with regard to every conceivable aspect of the matter. Existence of a scandalous racket cannot be ruled out. 29. It may be worthwhile to observe here that ordinarily this Court in its Writ jurisdiction would not embark upon holding an enquiry as to the veracity of the documents. But in the instant case, one of the Coordinate Benches of this Court vide order dated 10.07.2013 in the writ petition, SWP No. 2266/2011, filed by respondent No. 8 on the ground that she had obtained the Post Graduate Degree in Zoology as a regular student, had directed obtaining clarification in that regard. In pursuance of the clarification stated to have been so obtained, the petitioner herein has been ousted from her engagement. Her case is that the Certificates depict a different state of affairs than what has been presumably clarified. Her doubts are not baseless - the discrepancies are apparent on the face of the record about which there is no explanation found in the impugned order. The process of seeking clarification is thus shoddy. Prima facie, there appears to be something wrong somewhere, as indicated above, which has constrained the pre- sent petitioner to approach this Court through the medium of this writ petition for the protection of her rights. Therefore, the matter assumes serious overtones and the need to find out the truth of the matter. 30. Therefore, in order to arrive at a just decision in the matter, the matter is referred to the Inspector General of Police, Crime Branch, Srinagar, for making an enquiry and ascertaining the factual position, in light of the observations made hereinabove. Given the urgency involved in the matter, such enquiry may be completed within the shortest possible time, preferably, within a period of 30 days from the date of this order. 31. Registrar Judicial, Srinagar, is directed to furnish a copy of this order together with copies of the relevant documents to the Crime Branch forthwith.
Given the urgency involved in the matter, such enquiry may be completed within the shortest possible time, preferably, within a period of 30 days from the date of this order. 31. Registrar Judicial, Srinagar, is directed to furnish a copy of this order together with copies of the relevant documents to the Crime Branch forthwith. Registrar Judicial shall also take all such measures as may be required and necessitated to facilitate the completion of the enquiry by the Crime Branch, which may include providing of any other additional information or document pertaining to the case. The Crime Branch shall also be at liberty to ask for any information/document from the authorities of the Kashmir University, the Director, School Education and such other State or Central authorities, including the University which has issued the Certificates in question, as may be required to complete the enquiry and investigation in the matter. 32. Since the matter has been heard finally and the judgment has been reserved, the Registrar Judicial shall keep the case file in his personal custody till the enquiry report is submitted by the Crime Branch. On receipt of the report, the matter shall be placed before the Court in Chambers for further orders. 33. The original records produced by the official respondents is returned to the learned State counsel in the open Court with direction to supply a complete set thereof, duly page marked, to the Crime Branch during the course of the day for purposes of facilitating it to commence the enquiry, as ordered above. 34. Registry to furnish copy of this order to Mr. R.A. Khan, AAGT for compliance. 35. Put up, as ordered above. 36. Pursuant to the above order, the Superintendent of Police, Crime Branch, Kashmir, filed the status report, recording a finding to the following effect: "...........The Hon'ble High Court in order to set at rest the controversy, ordered holding of an enquiry through Crime Branch Kashmir for making necessary enquiries and ascertaining the truth of the matter The enquiry conducted would reveal that Nahida Shaheen has obtained the degree of M.Sc. Disaster Mitigation (sic) from Skims Manipal University through Distance Mode. With regard to Sheraza Akhtar it has revealed that she has done M.Sc. Zoology in year 2005 to 2007 from Vinayaka Mission University Tamil Nadu through Distance Mode and not as a regular student from the Headquarters of the Universities i.e. main campus.
Disaster Mitigation (sic) from Skims Manipal University through Distance Mode. With regard to Sheraza Akhtar it has revealed that she has done M.Sc. Zoology in year 2005 to 2007 from Vinayaka Mission University Tamil Nadu through Distance Mode and not as a regular student from the Headquarters of the Universities i.e. main campus. The M.Sc. Degrees of Vinayaka Mission University Distance Mode in campus as per the communication No. 435/Misc/018-33, dated ___05-2014 of Director School Education are being entertained by Education Department for appointment of the candidates. Thus, as per the communication of the university it is established that Sheraza Akhter has perused (sic) her M.Sc. degree in Zoology through Distance Mode during the session 2005-07 from the main campus of Vinayaka Mission University..." 37. Respondent No. 8 has not chosen to file any objections to the report of the Crime Branch. Since the matter stands clinched inasmuch as it has been found that respondent No. 8 has obtained the M.Sc. Degree by distance mode. Such Degrees obtained by distance mode, admittedly, are not recognized by the Government of Jammu and Kashmir and/or the University of Kashmir. Therefore, it was not open to the official respondents to have accorded any consideration to the said M.Sc. Degree of respondent No. 8 and upset the selection and appointment of the petitioner. The action of the official respondents is thus hit by the vice of arbitrariness and is, therefore, violative of the mandate of Articles 14 and 16 of the Constitution. Such action of the official respondent(s) concerned cannot be sustained. 38. In view of the above, this petition deserves to be allowed to the extent mentioned below. It may be observed here that the communication bearing No. F.(Equivalence-Recognition)/KU/13, dated 30.01.2013 issued by the Assistant Registrar Academics, does not opine that Degrees obtained by Distance Mode in Science subjects are recognized, nor does the same grant any equivalence to such Degrees. Therefore, the said communication need not be quashed, though it has answered a simple query with utmost ambiguity. 39. In light of the above, this petition is allowed. Consequently, the impugned order No. 1070/DSEK of 2013, dated 10.04.2013 issued by Director, School Education, Kashmir, Srinagar, where by the engagement of the petitioner, Nahida Shaheen, as ReT was withdrawn and in her place Sheeraza Akhter, respondent No. 8, was selected as ReT Science in UPS Ganaipora, is quashed.
39. In light of the above, this petition is allowed. Consequently, the impugned order No. 1070/DSEK of 2013, dated 10.04.2013 issued by Director, School Education, Kashmir, Srinagar, where by the engagement of the petitioner, Nahida Shaheen, as ReT was withdrawn and in her place Sheeraza Akhter, respondent No. 8, was selected as ReT Science in UPS Ganaipora, is quashed. By issuance of a writ of mandamus, the official respondents, particularly respondents 2, 3 and 4, are directed to allow the petitioner to continue to hold the post of ReT in Ward No. 5, Ganaipora Dooru, Anantnag, against which was originally engaged on the basis of her merit. However, it is made clear that the petitioner would not be entitled to any wages/salary for the period she has remained out of service, but, at the same time, she would be entitled to notional benefit of the said period for purposes of counting the same to determine her total service as ReT. In other words, the period during which the petitioner has remained out of service on account of the follies of the official respondents, would be counted for purposes of her appointment/regularization as a regular General Line Teacher in terms of the Rules governing the subject. The interim directions, if any subsisting, shall stand vacated. No order as to costs.