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Judgment
Harvinder Kaur Oberoi, J
Being aggrieved of the order impugned herein, following reliefs are sought by the applicant :
a) By issuance of writ of Certiorari, impugned selection list (Annexure -1) to the extent it excludes the petitioner from selection against the post of Urdu Teacher District Cadre, Srinagar, on the ground that the petitioner does not possess the qualification of graduation with urdu as one of the subjects, may be quashed.
b) By issuance of writ of mandamus, the respondents may be commanded to select the petitioner as against the post of Urdu Teacher District cadre, Srinagar, on the basis of academic weightage (as per notified criteria) together with the merit obtained by her in the written test and thereto appoint her against the said post.
Learned Counsel for the applicant submitted that the applicant, being eligible, applied and sought her consideration for the post of Urdu Teacher in response to the advertisement notice No. 06 of 2017 dated 28-12-2017 issued by the respondents, for filling up the posts of General Teacher, Science/Maths Teacher and Urdu Teacher for various district cadres. After considering her application, the respondents declared her eligible for appearing in the written test. Learned counsel submitted that after qualifying the written test, the applicant was provisionally shortlisted for counseling-cum-document verification and she figured at S.No.23 in the selection list dated 03-07-2018.
Learned counsel for applicant further submitted that the applicant appeared for counseling and document verification on 13-08-2018 and no objection was taken by the Board with regard to the verification of the documents submitted by her. However, as already stated that the applicant figured at S.No.23 in the provisional selection list and the number of posts for Urdu Teacher, district cadre, Srinagar, being 55 as notified by the respondents, the applicant was expecting her selection in the said cadre, but to her dismay, her name did not figure in the selection list for the post of Urdu Teacher, district cadre, Srinagar. Aggrieved of her exclusion from the list, the applicant approached the respondents and she was informed orally that her non selection is because of the fact that she was not having Urdu as a subject at graduation level. Learned counsel for the applicant submitted that as per the Statute notified by the respondent University, it is permissible for a candidate, who has passed B.A/B.Sc/B.Com (General Course) from the University to appear at any subsequent examination in one or more subjects comprised in the faculty of Arts. The Statute further provides that the candidates, if so desirous, may be permitted to appear in the said subject at a subsequent annual examination simultaneously or separately in all the B.A/B.Sc/B.Com (General Course) and any candidate who takes recourse to the said scheme as provided in the Statute is considered to have that subject as one of the subject at graduation level and thus he becomes eligible for being admitted to a post graduate degree in that subject. Learned counsel submitted that regard being had to the University Statute governing the qualification, possessed by the petitioner, the respondents cannot be allowed to deviate from it and exclude the applicant from the selection list and they cannot, arbitrarily, take away the vested right of the petitioner to be selected.
Reply has been filed by the respondents. They have categorically denied that any of the legal, constitutional or fundamental rights of the applicant have been violated. It is submitted that the applicant has no locus standi under law to maintain this TA. It is mentioned that mere shortlisting of the applicant in the list cannot confer any right upon her as the selection was made subject to counseling and document verification. It is averred in the reply that the applicant did not fulfill the eligibility/qualification criteria prescribed for the post and as a result she was declared as not eligible by the respondent - Service Selection Board. The qualification prescribed for the said post is that a candidate must be holding graduation degree with Urdu as one of the subjects in all the semesters/years of graduation from recognized University. Since the applicant did not possess the prescribed qualification, i.e, graduation degree with Urdu as one of the subject in all the semesters/years, she was declared not eligible for the post. It is further revealed in the reply that there being no interview/viva for the posts, the selection was purely to be made on the basis of merit framed out of 100 points for multiple choice based on written test and 15 points or preference to B.Ed./M.Ed. and higher qualifications. It is further pleaded that while notifying the provisional shortlist vide endorsement No. SSB/Secy/Sel/2018/7677-81 dated 03-07-2018, it was provided by the respondents that the appearance of the candidates in the OMR based written test was, inter alia, purely provisional as the document verification was still pending, therefore, figuring of the applicant in the provisional shortlist cannot vest her with the right to be selected finally as the exercise of counseling and document verification was yet to be undertaken. It is mentioned in the reply that the applicant graduated in the science stream in the year 2007, whereas she acquired the additional qualification at a subsequent stage, i.e, in the year 2008, therefore, the decision taken by the respondent Board, declaring the applicant not eligible, is strictly in accordance with law/rules governing the field. Respondents have further stated in the reply that prescription of qualification for a post is a matter of recruitment policy. Being a selection agency, the respondents are under a mandate to make selection strictly as per the qualification prescribed in the advertisement notice and rules governing the field. Respondents cannot deviate or grant any relaxation on this count. It is further averred that the applicant has been declared not eligible on the basis of valid and bona fide reasons and no indefeasible right accrues to her to seek consideration in absence of requisite qualification. Learned counsel for the respondents submitted that in view of what has been submitted at the bar and pleaded in the reply, this TA, being factually as also legally misconceived and misdirected, deserves to be dismissed.
Heard learned counsel for the parties.
The short question that arises for consideration in this petition is whether the subject of Urdu studied by the applicant along with her Graduation meets the requirement prescribed by the respondents for recruitment to post of Urdu teacher.
Recruitmentrulesprescribethefollowing qualification:
“Candidate is required to be holding Graduate degree with Urdu as one of the subject in all the semesters/years as the case may be ) of the graduation from the recognized university. Those possessing 05 years integrated P.G. degree in Urdu are also eligible.”
The mode of selection as mentioned in the advertisement was written test followed by counseling cum documents verification. Based on the marks obtained in the written test, the applicant was called for counselling- cum-documents verification for which the applicant appeared before the Board and she was placed in the provisional select list considering the qualifications possessed by her such as, B.Ed, M.Ed and other degrees. The Board declared her ineligible for appointment on the ground that she does not possess the requisite qualification as per RRs, as she has not studied Urdu at under graduation level. The University has also filed an affidavit and has stated that as per the University statute, a candidate who has passed B.A./B.Sc/B.Com from university of Kashmir or any equivalent examination of recognized degree can be allowed to appear for any subsequent examination in any one or more subjects comprised in the faculty of Arts except the subject in which the candidate may have passed. Since the university statute itself provides for passing of additional subjects at undergraduate level, therefore, the candidate who passed a particular additional subject or subjects after completion of graduation has to be deemed to have passed graduation with such additional subject or subjects. Thus, as per the university, applicant, who possess B.Sc in graduate degree has undertaken Urdu as an additional subject and passed the requisite examination has to be considered as having completed her graduation with Urdu as a subject in graduation. This controversy is not new. Earlier similar controversy arose and the respondent Service Selection Board, while undertaking process of selection for the post of Urdu Teacher in School Education Department had sought clarification from the university of Kashmir in case of other candidates who had obtained additional qualification of Urdu after graduation similarly. The documents evidencing this fact in the form of communication dated 03.10.2019 have been placed on record by applicant. In response to this clarification sought by the Board, the university was pleased to clarify that such candidate is deemed to have passed his graduation with one of the said subjects. This clarification was acted upon by the Board and those candidates were recommended for appointment (documents have been annexed by applicant with rejoinder). There is no reason why this clarification sought by the same Board earlier in time cannot hold well in the case of the applicant today. Moreover, when the university in the present O.A. has filed affidavit which is identical to the clarification given by them to the Board earlier in the case of other candidates. Counsel appearing for the Board did not rebut this argument of the applicant. Hence, we have hesitation to declare the applicant, eligible for the post of Urdu Teacher. There is no reason for the Board to discriminate between the applicant and the other candidates who have been recommended for appointment by the Board itself.
As a result O.A. is allowed. The respondent Service Selection Board is directed to consider the applicant as eligible for appointment as Urdu Teacher, as she fulfils all the educational qualifications and to recommend her appointment by sending her dossier to the user department, if she is otherwise fit. The said exercise be completed by the Board within a period of 03 months from the date of receipt of the certified copy of this order.
Original Application is allowed. M.A. also stands disposed of.