Naseer Ahmad Khan vs State and Others

Mohd. Yaqoob Mir, J.—Vide advertisement notice issued by Respondent No. 4 under his No. ZK/3964-66 dated 18.8.2009, applications

have been invited from the Candidates for engagement against one post of ReT teacher under SSA scheme at zonal level for zone Kunzar.

Minimum qualification prescribed is 10+2 and above. Vide notification dated 21.11.2009, tentative list of prospective candidates for engagement

as RT in various zones which include zone Kunzar has been notified wherein Respondent No. 5 is shown as prospective candidate. Petitioner has

field the objections before Respondent Zonal Education Officer contending therein that he is superior in merit as against the selected prospective

candidate Parvez Ahmad Khan (Respondent No. 5). Without waiting for the results of the objections so filed instant petition has been filed.

Admittedly qualification of the Petitioner is 10+2, B. Sc. B. Ed, M. Sc. in Bio Technology from IASE (Deemed University) and M. Phil, from

Global Open University, Nagaland. The qualification of Respondent No. 5 (Parvez Ahmad Khan is B. Sc. and M. Ed.

The contention of learned Counsel for the Petitioner is that the Petitioner being highly qualified has a preferential right of being engaged as RT.

In opposition it is pleaded by the Respondents that the writ petition is premature as the objections filed by the Petitioner is against the tentative

selection of Respondent No. 5 as yet have not been finalized so the Petitioner has attempted to scuttle the proceedings as were pending before the

concerned authority. In the pleadings it is categorically pleaded that the Respondent No. 5 has a better merit i.e. he possesses B. Sc. and M. Ed,

qualification and M. Ed, has an edge against all other qualifications which in turn would mean that the objections of the Petitioner have to be

rejected by the concerned authority.

Confronted with this position, both learned Counsel agreed for disposal of this petition at its admission stage. Petition, as such, is admitted to

hearing and taken up for final disposal.

The only question for determination as emerge from the respective pleadings and submissions of learned Counsel for the parties is as to ""whether

Petitioner is superior in merit or not"".

Government order No. l503-Edu of 2003 dated 01.10.2003 is a clear answer wherein, among others, it is provided:

B. Ed./M. Ed, practically carry a professional edge vis-a-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.

In the said order it is clearly indicated that B. Ed/M. Ed, has an edge because being consistent with its role and relevance in the teaching-learning

process.

The Respondents No. 1 to 4 in categoric terms in their reply have indicated that 29 applications were received. Numbers of candidates were

mostly B. Sc, B. Ed, M. Ed and M. Sc, B. Ed and one candidate was M. Sc, B. Ed, M. Phil, so guidance was sought from Respondent No. 3.

The Respondent No. 3 in response provided guidelines issued by the Government and in addition it is clear from the Govt., order No. l503-Edu of

2003 that B. Ed./M. Ed, being professional qualification have to be given an edge and M. Ed, has to be reckoned superior to any other PG degree

without or without B. Ed. In addition it is pleaded that the Petitioner has done M. Phil, from Global Open University, Nagaland which is not a

recognized degree as is also made clear vide circular dated 17th of May, 2010 issued by the University of Kashmir.

Considered the submissions. The underlying object of giving preference to B. Ed./M. Ed, degree is to advance the professional skill for

imparting education. The B. Ed./M. Ed. has its role and relevance in the teaching-learning process. The Respondent No. 5 admittedly possesses

M. Ed, qualification, as against him Petitioner possesses M. Sc. degree in Bio Technology.

In terms of Govt., order No. 1503, M. Ed, has an edge. The said Govt., order has not been challenged, it being so, has to be followed.

Furthermore, in view of the circular issued by the University of Kashmir the M. Phil, degree of the Petitioner obtained from Nagaland Global Open

University is not recognized as equivalent to the corresponding degrees of the Kashmir University. The said circular too has not been challenged.

So on both counts i.e. the M. Phil, degree of the Petitioner is not recognized by the University of Kashmir and in addition it is not provided

anywhere that M. Phil, degree shall have an edge as against M. Ed, degree. M.Ed, degree in fact is consistent with the teaching-learning process

and being professional qualification has to be given preference.

Viewed thus, this petition being devoid of merit is dismissed along with connected CMP(s) leaving Respondents free to proceed ahead with

the selection process in accordance with norms and rules applicable. Interim direction dated 09.12.2009 shall cease to be in operation.