Yudhvir Singh vs State & Ors

Sindhu Sharma, J

Petitioner applied for the post of teacher in District Cadre, Jammu pursuant to Advertisement Notice No. 10 of 2005 dated 29.12.2005 issued by the Jammu and Kashmir Services Selection Recruitment Board. The eligibility qualification as prescribed for the post was 10+2 with not less than 50% marks, however, the said bar of 50% marks would not apply for graduation and above. The last date for submission of application, for being considered for the said post was 31.01.2006, but the same was subsequently extended vide Notification dated 28.02.2006. Since the petitioner had completed his post graduation in English, the result of this examination was declared on 22.02.2006, i.e., before the last date of submission of the application for the posts of teacher as such wanted marks to be awarded for his post graduation degree also. University, however, issued a wrong marks certificate to the petitioner, which was cancelled and as such amended marks certificate was issued to him on 03.03.2006. Thus according to the petitioner his post graduate qualification was not considered while awarding him marks as per the selection criteria.

Grievance of the petitioner is that despite having qualified M.A. in English and the result of the same being declared prior to the cut-off date of submission of application form still his qualification of M.A in English was not considered for his selection to the post of teacher and due weightage of this qualification was not given to him. This has resulted in his non-selection, as no marks were awarded to him for post graduation degree. Thus, the petitioner has approached this Court seeking a direction to the respondents to accord weightage to post graduation qualification i.e. M.A. degree in English and to consider the marks certificate of his M.A. Degree. He also seeks a mandamus to declare the act of the respondents of not according due weightage to his Degree of Masters (M.A) as illegal, unconstitutional and contrary to the provisions of law.

Respondent Nos. 4 to 7 in their objections have submitted that the department of School Education had requisitioned the answering respondents for making selections to the post of teachers in various Districts of the State, which included 391 posts of teachers in District Cadre, Jammu. These posts were advertised vide Notice No. 10 of 2005 dated 29.12.2005 and all the eligible candidates conforming to the eligibility qualification were short listed for interview in the ratio of 1:5.

The criteria which was adopted for selection is given as under:

I) Basic qualification (10+2)                :           30 points.

II) Graduation                                      :           10 points.

III) B.Ed                                              :           15 points.

IV) Post graduation                              :           10 points.

V) M.Ed                                               :           10 points.

VI) Doctorate (Ph.D)                           :           05 points.

VII) Viva-voce                                    :           20 points.

On the basis of academic merit and the marks obtained in viva voce, the merit of the last selected candidate was determined and the last selected candidate in Open Merit obtained 59.64 points whereas 58.84 was obtained by the last selected candidate in waiting list. The categoric stand of the respondents is that the M.A. qualification possessed by the petitioner was duly considered by the Board and for that purpose of selection and marks as mentioned in the amended marks certificate of M.A dated 03.03.2006 of the petitioner was also taken into consideration for selection. Since the petitioner as per the amended marks certificate had obtained 903 marks out of 1600, therefore, he was awarded 5.64 points out of 10 points earmarked for Post Graduation calculated on pro-data basis. Thus petitioner has obtained 55.84 marks whereas the last selected candidate selected in the Open Merit had secured 59.65 points. Therefore, the petitioner having failed to secure the requisite merit for selection to the post of teacher.

In view of the aforesaid, the petitioner's grievance that his marks of M.A. be considered while making selections to the post of teacher in District Cadre, Jammu was without any basis. However, in view of the fact that he has failed to secure the requisite merit for selection, nothing survives for consideration in this petition and is, thus, without any merit and is, accordingly, dismissed.