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2016 DIGILAW 476 (JK)

Ab. Hamid v. State of J&K

2016-09-26

B.S.WALIA, RAMALINGAM SUDHAKAR

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JUDGMENT : 1. This appeal is of the year 2007. 2. The appellant having passed 10+2 qualification and also having qualified Adeeb-e-Kamil from Jamia Urdu Aligarh applied for the post of Rehbar-e-Taleem Teacher in the year 2003. Some more candidates of the same category also applied for the said post, but they were not considered as is evident from the following observations of the Learned Single Judge:- "the petitioners have not been considered for appointment as Rehbar-e-Taleem Teachers for the reason that their qualification of Adeeb-e-Kamil has not been treated equivalent to graduation. As already held, the qualification of Adeeb-e-Kamil cannot be treated as graduation in the absence of passing three subjects in B.A. Part-I, II and III except Persian for the purposes of employment in the State. Therefore, there is no merit in these writ petitions and the same are, accordingly, dismissed along with connected CMPs." 3. Some of the candidates approached the Learned Single Judge of this Court and pleaded that qualification of Adeeb-e-Kamil is equivalent to graduation level qualification and, therefore, they should be considered. The State-respondents on its part relied upon a communication of Under Secretary to Government, Education Department dated 09.01.2006 addressed to Director, School Education, Jammu, which reads as follows:- "I am directed to refer to your Letter No. DSEJ/RET/2790, dated 23.11.2005 issued on the subject and to inform you that as per the clarification of Jammu University vide its letter dated 20.09.2005, only those candidates having Adib Kamil/Adib Fazil qualification are to be treated as graduates, who after passing of above said examination qualify three subjects B.A. Part I, II and III except Persian under completion category." 4. The Learned Single Judge placing much emphasis on the above said communication held that as per communication dated 09.01.2006, Government has taken a decision that qualification of Adeeb-e-Kamil would be equivalent to graduation level qualification only if a candidate in addition qualifies three subjects in B.A. Part I, II and III except Persian for the purposes of employment in the Education Department and, therefore, dismissed the writ petition by holding that the writ petitioners do not satisfy the requirement for the post of Rehbar-e-Taleem Teachers. 5. Aggrieved thereby, the instant appeal has been filed. 6. Mr. 5. Aggrieved thereby, the instant appeal has been filed. 6. Mr. Sherkhan, learned counsel for the appellant fairly states that in a subsequent Advertisement Notice the appellant came to be appointed as Rehbar-e-Taleem Teacher based on 10+2 qualification and is presently working as a Rehbar-e-Taleem Teacher. Therefore, from this statement, it is evident that the cause for which the writ petition was filed i.e. non-consideration of the appellant to be selected as Rehbar-e-Taleem Teacher does not survive as the appellant has been selected as Rehbar-e-Taleem Teacher in the subsequent advertisement notice. The substantial issue raised in the instant appeal is with regard to the employment. The writ petitioner-appellant having been employed as Rehbar-e-Taleem Teacher, the instant appeal has been rendered infructuous. But in so far as his right to certain benefits is concerned, learned counsel for the appellant states that Circular No. 04-Edu of 2012, dated 06.02.2012, provides that Adeeb-e-Kamil is equivalent to graduation. He relies on the following portion of the above said Circular dated 06.02.2012, which reads as follows:- "Government of Jammu and Kashmir Civil Secretariat School Education Department Jammu/Srinagar Subject: Clarification regarding courses of Adeeb, Adeeb-e-Mahir and Adeeb-e-Kamil. Circular No. 4-Edu of 2012 Dated 06.02.2012 In supersession of all previous orders/circulars on the subject and to redress the grievances of officials who are working in the School Education Department for the many years and have passed the Adeeb, Adeeb-e-Mahir and Adeeb-e-Kamil. It is hereby notified that their qualification will be treated equal as under:- S. No. Name of the Clarification/course Subject to qualify additionally Equivalent Qualification 1. Adeeb English of 10th Class from any recognised Board Secondary School Examination (Class 10th) 2. Adeeb-e-Mahir English of 12th Class from any recognised Board Higher Secondary Part-II (Class 10+2) 3. Adeeb-e-Kamil English of B.A. Final from any recognised University Graduation Further, the candidates with the qualification of Adeeb, Adeeb-e-Mahir and Adeeb-e-Kamil plus English will be eligible only for post of teacher in Primary School. For the purpose of promotion he/she have to qualify the B.Ed. examination from University of Kashmir/University of Jammu or any other U.G.C. recognised University." 7. The equivalence of Adeeb-e-Kamil to graduation as we find is subject to qualifying of the addition qualification from a recognised university. It also provides for certain conditions. For the purpose of promotion he/she have to qualify the B.Ed. examination from University of Kashmir/University of Jammu or any other U.G.C. recognised University." 7. The equivalence of Adeeb-e-Kamil to graduation as we find is subject to qualifying of the addition qualification from a recognised university. It also provides for certain conditions. If the appellant satisfies those requirements he would be at liberty to make a representation to the authority concerned for redressal of his grievances and as and when such representation is made, it is for the authority concerned to decide the same on its own merits. 8. Earlier disposal in the matter would address the grievance. 9. Petitioner is also at liberty to raise all relevant issued for consideration before the competent authority. 10. Disposed of along with connected MP.