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Judgment
N. Paul Vasanthakumar, C.J. - This appeal is filed against the order made in SWP No.2276/2012 dated 08.12.2015 wherein the learned
Single Judge dismissed the writ petition by upholding the selection of the 5th respondent as Rehbar-e-Taleem based on the marks possessed by
him in 10+2.
Admittedly, the appellant possesses lesser marks in 10+2 as compared to the 5th respondents. Learned counsel appearing for the appellant
submits that since the appellant is having B.A. Degree, he should be given preference.
Giving preference is with a purpose i.e. the person possessing higher qualification must be more efficient to handle classes to students. This issue
was considered by this Court in Amjid Chugtai v. State of J&K and ors. reported in 2014(3) JKJ 115, wherein it has been held that:-
A conjoint reading of the letters would make it evident that the principle which governs the determination of inter se merit for appointment of
teachers under SSA for the subject of Science or/and Math would be that graduation or post-graduation degree s in the Science or Match alone
are to be considered. If a degree does not show study of Science or Match as subject then it would not be relevant.
The Hon'ble the Supreme Court in its decision reported in 2015(2) SCC 170 (State of Punjab and ors. v. Anita and others) considering the
very issue held that for special consideration in selection based on higher qualification, the same must be in the relevant subject.
Admittedly the appellant is not having the higher qualification with Math or Science subject in his graduation and his graduation is in the subject
of Arts. Therefore, we are unable to find any reason to interfere with the order of the learned Single Judge.
This appeal is dismissed. No costs.