Jammu & Kashmir High Court - Srinagar Bench
Manzoor Ahmad Hajam vs State Of Jammu & Kashmir Through ... on 28 September, 2015
Author: Tashi Rabstan
Bench: Tashi Rabstan
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
LPASW No. 47/2015
Date of Order: 28.09.2015
Manzoor Ahmad Hajam
S/O Gh. Nabi Hajam
R/O Khag Budgam, Age 30 yrs.
......Appellant
Versus
1. State of Jammu & Kashmir through
Commissioner / Secretary to Govt.
Education Department, Civil Secretariat,
Srinagar/Jammu.
2. Director School Education, Kashmir, Srinagar.
3. Chief Education officer, Budgam.
4. Zonal Education officer, Khag.
5. Hamida Bano D/o Ghulam Mohammad Sheikh
R/o New Colony, Khag near Police Station Khag
Near Police Station Khag, Budgam
6. Registrar, Indira Gandhi National Open University,
Maidan Garhi, New Delhi, 110068.
.....Respondents
Coram:
Hon'ble Mr. Justice N. Paul Vasanthakumar, Chief Justice Hon'ble Mr. Justice Tashi Rabstan, Judge, Appearing counsel:
For the Appellant(s) : Mr. Mohammad Ashraf Wani, Advocate. For the Respondent(s) : Mr. S. A. Naik, AAG for R-1 to 4.
Mr. Hilal Ahmad, Advocate for R-5.
Mr. S. F. Qadiri, Advocate for R-6.
N. Paul Vasanthakumar, CJ
1. This appeal is filed against the order of the learned Single Judge dated 26.03.2015 made in SWP no. 2557/2013 2 filed by the 5th respondent wherein the writ petition filed by the 5th respondent seeking to quash the selection and appointment of the appellant was allowed with further direction to make fresh selection for the advertised post, taking into account M. A. (Sociology) Degree earned by the 5th respondent and entire exercise was directed to be completed within two weeks.
2. The appellant, who was private respondent before the learned Single Judge, has challenged the order of the learned Single Judge contending that when the private herein applied for the post of Rehbar-e-Taleem (ReT) the M. A. Degree was not available with her and she was having the downloaded marks certificate showing the result as "incomplete", therefore, the M.A. Degree claimed by the private respondent was not taken into consideration while making selection. It is also the contention of the appellant that before the cut off date the private respondent having not passed M. A. Degree, she was not entitled to get marks for M. A. Degree and therefore, the learned Single Judge was not justified in allowing the writ petition with further direction as stated supra.
3. The learned Single Judge having noticed the fact that the result of the private respondent was placed on the 3 website of IGNOU on 09.09.2013 and she having received the marks sheet issued dated 09.09.2013 before the cut off date, her M.A. (Sociology) Degree should have been considered for selection as ReT.
4. When the matter was heard on 20.05.2015, the learned counsel appearing for the appellant submitted that M. A. Degree having been awarded/secured by the private respondent after the last date, the Registrar, Indira Gandhi National Open University, New Delhi may be called upon to state as to when the private respondent secured the Degree of M. A. Sociology and this Court impleaded the Registrar, Indira Gandhi National Open University, Maidan Garhi, New Delhi, as party respondent and directed it to file objections/stand of the University.
Consequently, an affidavit was filed by the Regional Director, Indira Gandhi National Open University, Regional Centre, Srinagar, stating that the private respondent sought admission to M. A. Sociology Course for the Session July, 2010 under Enrollment No. 105209113 and appeared in the annual examination held in June, 2013. The result of the said examination was declared on August 8, 2013. The Grade Card was issued on 09.09.2013 which is genuine and the aforesaid student was eligible for award of M. A. Sociology Degree on 4 08.08.2013, however, the uploading on IGNOU's website takes time and the complete results were uploaded on the IGNOU website on 09.09.2013. The document dated 31.08.2013 indicating the status of the course, namely, MPS-03 as incomplete is only an online status of the Grade Card which is issued only after all the marks including the Assessment and Theory are received by the Head Office and, accordingly, uploaded on the website. The private respondent had approached the Office of the Regional Director, Indira Gandhi National Open University, with a request to inform her about the status of her M. A. Sociology results as MPS-03 marks are the marks of Assessment done by the local examiners. The Regional Director checked the record of her yearly assessment and found that she has passed in all the assessments. It was also found that the marks of the assessments were sent on time by the Regional Office to the Head Office which was not uploaded due to the delay in reaching. Hence, the status report dated 31.08.2013 indicated the marks of assessment as 'incomplete' and not 'fail'.
5. The last date for submitting application for ReT post was 10.09.2013. The private respondent having got the M. A. Sociology Degree by 09.09.2013, the learned Single 5 Judge was right in allowing the writ petition. The stand of the University cleared all ambiguities in deciding the matter and on going through the stand of the University we are of the firm view that the order of the learned Single Judge is perfectly legal and no interference is called for.
6. Hence the appeal is dismissed with the direction to the official respondents to comply with the direction of the learned Single Judge within a period of two weeks from the date of receipt of copy of this order.
7. No costs.
(Tashi Rabstan) (N. Paul Vasanthakumar)
Judge Chief Justice
SRINAGAR
28.09.2015
Anil Raina, Secy