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2016 DIGILAW 310 (JK)

AJEET KUMAR v. STATE OF J&K

2016-06-03

B.S.WALIA, MOHAMMAD YAQOOB MIR

body2016
JUDGMENT : Yaqoob, J. Judgment dated 07.05.2016 dismissing two writ petitions i.e. SWP No. 1381/2014 and SWP No. 1207/2015, is assailed by medium of this Letters Patent Appeal. 2. Vide Advertisement Notification No. CEO/D/SSA/129972-99, dated 08.02.2014, Chief Education Officer, Doda, has invited applications from permanent residents of J&K State in District Doda for engagement of three ReT teachers (1. Math/Science teacher, 2. Urdu/Hindi teacher, 3. Social Study teacher) to be supplied to the each newly upgraded Primary Schools as listed in the annexure, which include PS Dantali upgraded to UPS. The prescribed minimum basic qualification, as reflected in the Advertisement Notice, for Urdu/Hindi teacher, is as under: "Graduation in Arts with Urdu/Hindi as one subject with B.Ed. compulsory for Hindi/Urdu Post (whichever is required)." 3. Admittedly, writ petitioner and respondent No. 5 had applied. Respondent No. 5 has been selected. As against her selection, petitioner filed SWP No. 1381/2014 whereas another candidate, Pinku Kumar, also filed SWP No. 1207/2015. Both claim to possess minimum basic qualification i.e. Graduation in Arts with Urdu as one subject with B.Ed. whereas respondent No. 5 possesses the minimum basic qualification i.e. Graduation in Arts with Hindi as one subject with B.Ed. 4. Respondents, in their objections, have stated that the requirement of the school with respect to the teacher for teaching languages was assessed and it was found that the maximum number was of Hindi reading students whereas none of the student is reading Urdu in the school. Further it is added that from the perusal of the enrolment of PS Dantali, none among fifteen students enrolled in the school are reading Urdu, so the requirement was of Hindi teacher. Copy of the enrolment statement of PS Dantali Zone Assar has been annexed with the reply. 5. A candidate was to be selected on the basis of requirement. Since in the school PS Dantali, upgraded to UPS, Hindi teacher was a requirement, therefore, respondent No. 5 was selected to the exclusion of the appellant as well as another candidate i.e. writ petitioner Pinku Kumar. Learned Single Judge, while noticing the said position, in para 5 of the impugned judgment has observed that the writ petitioners have obtained their graduation with Urdu one of the subject. Learned Single Judge, while noticing the said position, in para 5 of the impugned judgment has observed that the writ petitioners have obtained their graduation with Urdu one of the subject. According to the petitioners, the post ought to have been filled up from the Urdu language but keeping in view the stand of the respondents based upon the enrolment statement of Govt. Primary School, Dantali Zone Assar, no student in the school had opted for Urdu language instead have opted only Hindi as a subject. It is only on that basis authorities decided that the requirement is of a candidate having Hindi as one of the subjects at the graduation level. On such basis the writ petitions have been dismissed. 6. Learned counsel for the appellant would contend that he has obtained information under Right to Information Act on 10th July, 2015, wherein Zonal Education Officer, Assar (Doda) has made it clear that there is only one teacher in the school for both Hindi/Urdu. Further he has been informed that as per current enrolment of the students in the school, there is no need of Hindi/Urdu teacher as there are only nine students enrolled in the school. Whether nine or more students are enrolled is not to be looked into because it is nowhere contended by the appellant that the enrolled students had opted for Urdu subject when on the other hand it is the positive case of the respondent-authorities that in the school candidates enrolled have opted for Hindi language and none of the student is reading Urdu language in the school. 7. In Para 3(b) of the advertisement notice it is clearly indicated that the candidate must be possessing minimum basic qualification for Hindi/Urdu post as Graduation in Arts with Urdu/Hindi as one subject with B. Ed. Compulsory for Hindi/Urdu post (whichever is required). So requirement of a teacher vis-a-vis Urdu/Hindi language has correctly been assessed on the basis of students enrolled and reading Hindi. 8. While having overall view of the matter, in our view appellant has not been able to place on record anything which would persuade us to hold that the stand taken by the respondents before the Writ court is without basis, therefore, the view taken by the learned Single Judge is not interfere-able. 8. While having overall view of the matter, in our view appellant has not been able to place on record anything which would persuade us to hold that the stand taken by the respondents before the Writ court is without basis, therefore, the view taken by the learned Single Judge is not interfere-able. The Letters Patent Appeal, in the stated background, is not worth to be entertained, as such, dismissed along with connected MP.