Jammu & Kashmir High Court - Srinagar Bench
Zahoor Ahmad Najar vs State Of J&K & Others on 11 December, 2010
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
SWP No. 1442 of 2008
IA No. 2579 of 2008
Zahoor Ahmad Najar
Petitioners
State of J&K & others
Respondents
! Mr. B.A. Misri, Advocate
^ Mr. J.A. Kawoosa, Advocate
Mr. Nissar Ahmad, Advocate
Honble Mr. Justice Hasnain Masoodi, Judge
Date : 11/12/2010
:J U D G M E N T:
Zonal Education Officer Kunzer respondent No.4 herein vide Advertisement Notice No.ZK/1555 dated 5th July 2008, invited applications from candidates, fulfilling eligibility criteria laid down in Notice for engagement as Rehbar-e- Taleem under Sarva Shiksha Abhiyan Scheme for various newly upgraded Primary Schools and newly opened Schools of Education Zone Kunzer including GPS Kawarhama. The petitioner as also respondents 5 and 6, finding themselves eligible for the advertised posts, responded to Advertisement Notice. The petitioner, however, did not find place in the Select List notified by respondent No.3, vide Notification dated 20th August 2008, published in Local Dailies on 22nd August 2008. The respondents 5 and 6, having B.Sc. and B.Ed to their credit, were selected for the advertised posts.
The petitioner, aggrieved of the Notification dated 20th August 2008, whereby the select list was notified, has filed instant writ petition and prays for following reliefs:
a. Certiorari quashing the selection of Respondent no.5 & 6 made vide the select list issued by the Respondent No.3, in Daily Srinagar Times on 22.08.2008, so for as the same relates to G.P.S. Kawarhama of Educational Zone Kunzer.
b. Certiorari quashing the communication No.EDU/NC/SC/278/07 Dated 24.09.2008 issued by Special Secretary to Government as violative of National guidelines issued by Sarwa Saksha Abhiyan.
c. Mandamus commanding the Official Respondents to consider the Petitioner for engagement as R-T for G.P.S Kawarhama in Kunzer Educational Zone. Put briefly, petitioners case is that petitioner having done his Masters in Mathematics, and having Science and Mathematics Subjects in his Graduation (Three Year Degree Course) had a preferential right to be engaged as Rehbar-e- Taleem as against respondents 5 and 6. The petitioner places reliance on the instructions/procedure laid down, effective from 01.04.2008, whereunder only candidates with Science and Mathematics knowhow are eligible to apply for the post of Rehbar-e-Taleems under Sarva Shiksha Abhiyan. The petitioners case is that the petitioner, having Mathematics and Science as subject in his Degree Course and having done his Masters in Mathematics, was to be selected in terms of instructions/procedure laid down in addition to Sarva Shiksha Abhiyan guidelines for one of the advertised posts. It is averred that the selection of respondents 5 and 6 has been made in violation of aforementioned instructions/ procedure and thus liable to be quashed. The petitioner, on the strength of above averments, seeks a direction to respondents to engage petitioner as Rehbar-e-Taleem. The petition is opposed by the respondents on the grounds that the respondents 5 and 6, having B.Ed Degree to their credit, had a preferential right to be selected in terms of Government Order No.1503-Edu of 2003 dated 01.10.2003 inasmuch as extra weightage was to be given to the Professional Degree (B.Ed.) relevant to the duties to be discharged by the respondents 5 and 6. It is further pleaded that the instructions/procedure laid down in addition to Sarva Shiksha Abhiyan guidelines, are prospective in nature as was made clear vide letter/Order No.Edu/NC/SE/ 278/07 dated 24th September 2008. It is further averred that the respondents 5 and 6, also having Science background, were entitled to same treatment, to which petitioner claims to be entitled in terms of instructions/procedure relied upon by the petitioner.
The petitioner, in his rejoinder, has pleaded that requirement of Science and Mathematics background was laid down in Circular No.F2-3/2005/EE.3 dated 22nd February 2008, made effective from 01.04.2008 and the instructions/procedure so notified, were to be followed while making selection for the posts, advertised vide Advertisement Notice No.ZK/1555 dated 25th July 2008. The petitioner reiterated his stand that, because of superior academic qualification, the petitioner had a preferential right to be selected as Rehbar-e-Taleem for GPS Kawarhama. I have gone through the pleadings and have heard learned counsel for the parties. The Advertisement Notice No.ZK/1555 dated 25th July 2008, whereby applications were invited from the eligible candidates for engagement as Rehbar-e-Taleem under Sarva Shiksha Abhiyan Scheme in various newly upgraded Primary Schools of Education Zone Kunzer, did not lay down Science and Mathematics knowhow/background as part of the eligibility criteria for the advertised posts. The petitioner, for the reasons best known to petitioner, did not throw challenge to Advertisement Notice in question and instead participated in selection process. It appears that Sarva Shiksha Abhiyan guidelines were supplemented by additional instructions/procedure, vide circular No.F2-3/2005-EE.3 dated 22nd February 2008, effective from 1st April 2008. The instructions were not followed by the authorities competent to order engagement of Rehbar-e-Taleem in upgraded Primary Schools. The engagement of Rehbar-e-Taleem, continued to be made irrespective of Science and Mathematics background. The matter appears to have been taken by the State Project Director, Sarva Shiksha Abhiyan, J&K, Srinagar with the Government vide No.Edu/SPD/SSA/31965-91/08 dated 05.09.2008, and Special Secretary to Government, Education Department vide No.Edu/NC/SE/278/07 dated 24th September 2009, requested the State Project Director, Sarvar Shiksha Abhiyan, to direct all Chief Education Officers to proceed with the selection process as on 24th September 2008 in accordance with the procedure in vogue and for the unadvertised vacancies issue Advertisement Notice, incorporating requirement of Math and Science background for engagement as Rehbar-e-Taleem under Sarva Shiksha Abhiyan. Copy of the above communication was also forwarded to respondent No.2 (Director, School Education). Vide No.DSEK/SSA/RT/60/2717- 29 dated 30th October 2008, respondent No.2 forwarded copy of aforementioned communication to all Chief Education Officers of Kashmir Division for information and strict compliance. The respondent No.2, independent of above follow up action, also on his/her own issued a Circular duly published in Local Dailies on 10th October 2008, impressing upon the concerned authorities to appoint candidates with Science and Mathematics knowhow as Rehbar-e-Taleems in all upgraded Primary Schools. The aforementioned communications thus left scope for engagement of Rehbar-e-Taleems irrespective of Science and Mathematics background in cases where selection process had already been initiated and engagement orders were in pipeline. In the present case, as already pointed out, the Advertisement Notice did not include Science and Math background as eligibility criteria and the petitioner obviously cannot claim a preferential right to engagement as Rehbar-e-Taleem in GPS Kawarhama on the ground of his having such background. Needless to mention that the instructions/procedure issued vide circular No.F2-3/2005-EE.3 dated 22th February 2008, to supplement the guidelines, do not have the flavour of statutory rules and cannot be made use of, to set aside Advertisement Notice No.ZK/1555 dated 25th July 2008, after it has been acted upon and taken to logical end, even without a challenge having been thrown to the advertisement notice. This apart, the respondent No.5 and 6, having a professional degree in Education (B.Ed.) to their credit, were entitled to extra weightage as compared to Masters Degree simpliciter without any professional degree, and were rightly given such extra weightage and selected for their engagement as Rehbar-e-Taleem in Government Primary School Kawarhama, as provided in Government Order No.1503-Edu of 2003 dated 01.10.2003, which, inter- alia, provides:
B.Ed/M.Ed practically carry a professional edge vis-`-vis an (Academic) P.G. degree. Extra weightage be allowed therefore to B.Ed/M.Ed. consistent with its role and relevance in the teaching learning process. For the reasons discussed above, the petition, being devoid of any merit, is hereby dismissed with all connected CMP(s). Interim direction, if any, shall stand vacated.
(Hasnain Massodi) Judge Srinagar
11. 12 .2010 Ajaz Ahmad