Syed Javaid Hussain vs State of J&K and Others

Mohammad Yaqoob Mir, J.—Vide advertisement notice issued by respondent No. 4-Zonal Education Officer, Shangus, applications were

invited for filling up two ReT posts each in various schools which include two post in upgraded Upper Primary School, Gowran Shangus, one with

Match background and another with Science background. The candidate with Science background has been selected and appointed. Initially

petitioner was selected as against Math vacancy tentatively subject to objections. The tentative selection of the petitioner was objected by the

respondent No. 5. Both of them i.e. petitioner and respondent No. 5 at the level of 10 + 2 were having Math background. The petitioner has

secured 247 marks out of 600 whereas respondent No. 5 has secured 279 marks out of 600, so was admittedly, superior in merit.

List of the candidates was prepared by the respondent No. 4-Zonal Education Officer, Shangus wherein respondent No. 5 figured at serial No.

5 but position of the respondent No. 5 in the list appear to have been erased or otherwise has got defaced, as a result whereof merit position of the

respondent No. 5 being superior to the petitioner has been ignored. Though as against the petitioner and respondent No. 5 one more candidate

was superior in merit having secured 382 marks out of 600 in 10 + 2 but he has been engaged in some other school, therefore, petitioner and

respondent No. 5 were to be considered.

The respondent No. 5 being superior in merit has been un-necessarily excluded but the said position has been taken care of by the respondent

No. 4 in his order dated 27.08.2012 which has been passed in compliance to the direction issued in SWP No. 208/2010 wherein he has given

clear picture of the number of candidates who have applied and finally has concluded that the petitioner (Syed Javaid Hussain) is lower in merit

than the candidate figuring at serial No. 5 (Ali Mohammad Sheikh).

Respondent No. 5 has been tentatively selected as notified by respondent No. 3-Chief Education Officer, Anantnag on 07.09.2009 and it is

said selection of respondent No. 5, which is sought to be quashed.

The respondents No. 1 to 4 in their reply have in categoric terms given position of the entire proceedings including position of various petitions

as had been filed and disposed of. In Para 7 it has been pleaded that the petitioner had fabricated a baseless tale. It is further stated that a panel of

05 candidates was prepared and same was submitted to the respondent No. 3 on 05.08.2009. No candidate was available in Gowran Habitation,

therefore, candidates belonging to the revenue village were considered and list was prepared.

In order to make the position clear, records were called for perusal. From the records, it is evidence that five candidates had applied who had

been enlisted wherein respondent No. 5 figures at serial No. 5.

Photocopy of the list, annexed with the writ petition as Annexure-PE, appears to have been either mutilated or some mischief has been

committed by not showing name of respondent No. 5 as candidate No. 5 when the official records clearly reveal that the list of five candidates has

been prepared and submitted to the respondent No. 3. Therefore, the contention of the learned counsel for the petitioner that the respondent No.

5 did not figure in the list is totally baseless. The respondent No. 5 has applied and figures in the list and is superior in merit than the petitioner. That

apart, respondent No. 5 has been tentatively selected which selection is open to objections, which the petitioner has not opted to file. No case is

made out so as to maintain the writ petition at this stage, writ petition, accordingly dismissed. Tentative selection of respondent No. 5 is still open

to objections. If the petitioner has any valid objection, he shall be at liberty to submit the same before the respondent No. 3-Chief Education

Officer, Anantnag within one week from the date copy of the order is served upon respondent No. 3. The respondents No. 1 to 4 shall ensure

finalization of the selection as against the post in Math stream thereafter within three weeks.