Fozia Qureshi vs State and Others

Muzaffar Hussain Attar, J.—Director School Education, Jammu issued Advertisement Notice dated 29.06.2004. In the said Advertisement

Notice, it was provided that in pursuance of Government Order No. 597-Edu of 2003 dated 02.06.2003, applications are invited from eligible

candidates on village-wise basis for the engagement of Rehbar-e-Taleem (ReT) teachers at Village Level and in case of TAC/NAC at ward level

under SSA Scheme. It was also provided in the aforesaid Advertisement that the applicant must be possessed of the minimum basic qualification of

10+2 and in case of appointment as 3rd teacher candidate must be a Graduate on the last date of receipt of application forms. Besides others, the

appellant/writ petitioner also responded to the aforesaid Advertisement Notice and sought consideration for being engaged as ReT in school

located in Village Bafliaz.

Respondent No. 5 was engaged and appointed on 20.07.2005. Appellant/writ petitioner feeling aggrieved of the said engagement challenged

the same in the writ petition. In the writ petition, the stand of the official respondents was that the appellant was not resident of Village Bafliaz.

Learned Writ Court dismissed the aforesaid writ petition on the ground that the appellant was not resident of Village Bafliaz and cannot question

the selection of respondent No. 5.

Appellant took firm stand in the writ petition and LPA that she is resident of Village Bafliaz. In view of the dispute raised about the residential

status of the appellant, this Court vide order dated 01.04.2015, impleaded Tehsildar, Poonch as party respondent and directed him to appear in

person with relevant record regarding the issuance of Permanent resident Certificate to the appellant dated 16.02.2015.

Tehsildar, Poonch appeared before the Court on 09.06.2015 and submitted that the PRC in favour of the appellant was issued on 16.02.2015.

Faced with this situation, learned counsel for the respondents-Education Department was directed to seek instructions whether the appellant can

be accommodated in Middle School, Mahal, Village Bafliaz where two vacancies are reported to be available.

In view of the aforesaid development, when this case was taken up on 31.08.2015, this Court directed Zonal Education Officer, Bafliaz to

appear in person. ZEO, Bafliaz is present in person. She produced the merit panel of the candidates belonging to Village Bafliaz. In the said merit

panel, both the appellant and private respondent No. 5 figure. In the merit panel, educational qualification of respondent No. 5 has been mentioned

as 10+2 with B.A. Hons. The merit position is also recorded in the merit panel at 10+2 level.

Learned counsel for the official respondents-Education Department while referring to the merit panel prepared by the Competent Authority in

respect of the eligible candidates of Village Bafliaz, submitted that the appellant at 10+2 level is having 51.83% whereas private respondent No. 5

at 10+2 level is having 44.25%. Admittedly the appellant is more meritorious then respondent No. 5 at 10+2 level. Respondent No. 5, however,

stole march over the appellant on the ground that he was having B.A. Hons which qualification is reflected against his name in the merit panel

prepared by the official respondents.

It is now admitted at bar that respondent No. 5 was not possessed of B.A. Hons degree but was having Adeeb-E-Kamil which admittedly is

not the equivalent degree to the graduate degree.

In view of this fact position that the appellant was considered for being engaged as ReT being resident of Village Bafliaz and figured in the merit

panel of the said village, the stand taken by the official respondents before the learned Writ Court that the appellant was not resident of Village

Bafliaz, cannot be accepted more so when Tehsildar has accepted the PRC as true and correct. In the said certificate, the village of appellant is

shown as Bafliaz Chamraer. In the aforesaid fact situation, huge injustice has been done to the appellant by denying her engagement as ReT, when

she was superior in merit than private respondent No. 5.

Zonal Education Officer, who is present in Court, stated that respondent No. 5 after completing five years of satisfactory service as ReT has

been absorbed as General Line Teacher. It was also submitted that qualification certificate of respondent No. 5 viz Adeeb-E-Kamil, cannot be

treated as Graduate Certificate. In this fact situation, the appellant has been illegally denied appointment. The appointment of respondent No. 5,

however, cannot be disturbed at this distance of time, more so, when respondents accepted his certificate as degree certificate.

Respondent-Zonal Education Officer further submitted that two posts of ReT are available at Middle School, Mahal Village Bafliaz. The Court

in view of this fact situation obtaining in this case had asked the learned counsel for the respondents to seek instructions whether the appellant can

be accommodated in school at Village Mahal where two vacancies are available.

Since the appellant has been illegally and unjustly denied engagement as ReT, the Court is duty bound to come to her rescue and to meet out

justice. Justice can be meted out only by directing the official respondents to engage the appellant as ReT against one of the two vacancies of

ReT's available in Middle School, Mahal Village Bafliaz.

The appellant would be further entitled to get notional service benefits without any monetary benefit from the date, respondent No. 5 is

engaged.

For the aforesaid reasons, this appeal is allowed and the impugned judgment is set aside. Writ petition is disposed of and respondent Nos. 2 to

4 are directed to issue engagement order in favour of the appellant against one of ReT position available in the Middle School Mahal (UPS) Village

Bafliaz. The appellant will also be entitled to all consequential benefit including seniority without monetary benefit from the date, respondent No. 5

is engaged. Order be issued within two week from the date, copy of this order is served upon the official respondents.

Connected MP(s) also stands disposed of.