SHAHZADA AKHTER Vs. AAMIR HUSSAIN MALIK

JUDGEMENT

(1.) Zonal Educational Officer, Dooru-Respondent No. 5 herein, vide advertisement notice dated 17th January, 2013 invited applications from the eligible candidates for the ReT positions in Mathematics and Science stream in upgraded Primary School, Parraypora-vio. Appellant and respondent No. 1 were amongst the candidates who responded to the advertisement notice and offered their candidature for the advertised posts under Mathematics stream. The appellant claimed to have passed 10+2 examination with mathematics as one of the subjects and to have PG degree in Arts to his credit. The respondent No. 1 also had mathematics as one of subjects at 10+2 level. He further disclosed in his application That he had appeared in B.Sc. final year examination, though the results were awaited on the date i.e. 27th January, 2013, he submitted his application. The appellant found place in the select list notified vide No. CEO/A/Per/47135-37/13 dated 22.03.2013 published in a local daily on 25.03.2013. The respondent No. 1 aggrieved with his non-selection filed writ petition being SWP No. 489/2013 and on the strength of averments made in the petition sought a writ of certiorari quashing the selection list dated 22.03.2013 and also sought direction to the respondents to re-frame the panel and give weightage to the B.A.. degree to his credit.

(2.) The case set up by the respondent No. 1 before the writ court was that his B.A.. final year result was declared in the afternoon of 27th January, 2013 and he was shown to have passed the examination in second division and therefore an extra weightage was required to be given i.o. B.A.. degree with mathematics to his credit on the last date of receipt of applications/cut-off date. Respondent No. 1 claimed to have approached the official respondents with a representation on 28th January, 2013 informing respondents and in particular Zonal Educational Officer, Doom (Res. No. 5 herein) that as he was declared successful in B.A. examination on the last date of receipt of the applications, qualification/degree, so obtained was to be taken into account while finalizing the selection process.

(3.) The official respondents opposed the writ petition on the ground that as the respondent No. 1 did not have B.A.. degree on the cut-off date, the said degree was not to be taken into account while framing the selection list and that as the appellant had higher merit at 10+2 level as against the respondent No. 1, the appellant was rightly selected for the advertised position. The official respondents, however, admitted that the respondent No. 1 approached the Zonal Educational Officer on 28th January, 2013 and requested that B.A. final degree obtained by him be included in his academic record. It is also admitted that the respondent No. 1 in his application indicated that he had appeared in B.A. final examination and his result was awaited at the time the application for ReT position was submitted. The appellant entered appearance through our counsel on 5th April, 2013. However reply was not filed on her behalf.