BALWINDER KOUR Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) I call a complete and generous education. said Milton, that which fits a man to perform justly, skillfully and magnanimously all the
offices both private and public, of peace and war. Herein lies the
importance of education. Our studies should be neither a couch on which
to rest; nor a cloister in which to promenade; nor a tower from which to
look down on other; nor a fortress we may resist them; nor a workshop for
gain and merchandise; but a rich armoury and treasury for the glory of
the creator and the ennoblement of life. These words are attributed to
Bacon. In the noble words of Epictetus, you will do the greatest service
to the State, if you shall raise, not the roofs of the houses, but the
souls of the citizens for it is better that great souls should dwell in
small houses rather than for mean slaves to lurk in great houses. It is
herein lies the importance of education. The question is whether the
present system of education is the one best calculate to fulfill these
objects. Does it really gives that love of learning which is better than
learning itself? Does all the study of the classics to which our children
devote so many hours give any appreciation of them; or do they not on
leaving collects too often feel what was send by Byron -Then farewell,
Horace; whom I hated so. For evolving a perfect system, the men who are
associated with the system i.e. teacher must also be dedicated to the
job. The dedication is one aspect of the matter. He should be learned
also. This is not a new complaint. Locke complained that schools fit us
for the University rather than for the world. Commissions after
Commissions, Committees after Committees, have reiterated the same
complaint. It is in the right of above; the subject matter in issue in
this appeal is being examined.
(2.) THE appellant possess a Masters Degree from Jammu University. She also possesses a B.Ed, degree. This she cleared in the year 1994.
Armed with these qualifications, she applied for the post of teacher.
This was in pursuance of an advertisement notice No. 3 of 1996 dated 24th
of December 1996.
The appellant remained unsuccessful. She alongwith other candidates challenged her non -selection. On mathematical counts, she was found to be low in merit. She was not selected. In this selection process, more weightage was given to the basic qualification i.e. 10+2. The criteria which was adopted is as under:
10+2 : 50 points Graduation : 10 Addl points for 1st Div. : 8 Addl. points for 2nd Div. 6 Addl. Points for 3rd Div. Post Graduation : 10 Addl. points for 1st Div. : 8 Addl. points for 2nd Div. : 6 Addl. points for 3rd Div. B.Ed. : 5 Addl. points M.Ed. 5 Addl. Points Viva -voce : 20 points Total : 100 points
(3.) THE basic argument which has been raised is that the criteria which has been adopted by the respondents is hit by Article 14 and 16 of
the Constitution. What is urged is that the basic qualification i.e. 10+2
has no relevancy for the purpose of making assessment. This qualification
as per the appellant does not deal with that discipline which is
ultimately useful for imparting education to the children. What is sought
to be urged is that by giving undue benefit to the 10+2 qualification,
the scales have been titled in favour of those candidates who do not
possess Graduate and Post -Graduate qualification in the discipline of
education i.e. B.Ed. and M.Ed. The question -arises as to whether this
criteria is hit by Article 14 and 16 of the Constitution.
There can be no dispute with the proposition that the object of any process of selection for entering into a public service is to secure the best and most suitable person for job avoiding patronage and favouritism. The selection based on merit tested impartially and objectively is the essential foundation of any useful and efficient public service. Open competitive examination was suggested as one of the methods and was described by the Supreme Court of India in Lila Dhar Vs. State of Rajasthan, AIR 1981 SC 1777 as universally accepted gateway to public service. United Nations Handbook on Civil Service Laws and Practice was quoted. The relevant para is 4. It is being quoted again:
Selection based on merit, tested impartially and objectively, is the essential foundation of any useful and efficient public service. So, open competitive examination has come to be almost universally as the gateway to public service, with unfairness. United Nations Handbook on Civil Service Laws and Practice; Competitive examinations were the answer to the twin problems represented by democracy and the requirements of good administration. They were the means by which equality of opportunity was to be united with efficiency - By this means favouritsm was to be excluded and the Sic of securing the best man for every job was to be achieved. Public Personnel Administration by O. Glenn Stahl. Open Competitive examinations are a peculiarly democratic institution. Any qualified person may come forward. His relative competence for appointment is determined by a neutral disinterested body on the basis of objective evidence supplied by the candidate himself. No one has pull everyone stands on his own feet. The system is not only highly democratic, it is fair and equitable to every competitor. The same rules govern, the same procedures apply, the same yardstick is used to test competence. Introduction to the study of public Administration by Leonard White.
After taking note of the above, reference was made to the Kothari Committee on Recruitment Policy and Selection Methods. That
report so quoted in Lila Dharâ„¢s case, is being quoted again:
A system of recruitment almost totally dependent on assessment of a personâ„¢s academic knowledge and skills, as distinct from ability to deal with pressing problems of economic and social development with people, and with novel situations cannot serve the needs of today, much less of tomorrow..... we venture to suggest that our recruitment procedures should be such that we can select candidates who cannot only assimilate knowledge and sift material to understand the ramifications of a situation or a problem but have the potential to develop an original or innovative approach to the solution of problems.
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