SHAZIYA YOUSUF Vs. STATE OF J&K AND ORS.
LAWS(J&K)-2015-5-22
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 28,2015

Shaziya Yousuf Appellant
VERSUS
State of JAndK And Ors. Respondents

JUDGEMENT

Mohammad Yaqoob Mir, J. - (1.)RESPONDENT Child Development Project Officer (CDPO) had invited applications from eligible female candidates for engagement as Anganwadi Workers on honorarium basis in various Anganwadi Centres, which include Anganwadi Centre Mir Mohalla of village Wagam.
(2.)AFTER admitting all the candidates who had applied, to interview, the respondent CDPO has prepared the award list of the candidates wherein respondent Bilala Akhter is shown to have secured 48.26 points, petitioner Shaziya Yousuf 48.27 points whereas Firdousa Akhter has been awarded 07 marks for interview. A note has been recorded as against her to the following effect:
"The award be prepared after clarification regarding determination of merit of Adeeb by CDPO Chadoora from the Board".

Ms. Firdousa Akhter has passed Adeeb and English from J&K State Board of School Education, her candidature was objected to on the count of her qualification. Director Academics had send a copy of Circular No. 4 dated February 6, 2012, wherein it has been made clear that the course of 'Adeeb' subject to qualifying additionally English of 10th Class from any recognized Board is an equivalent qualification i.e. Secondary School Examination (Class 10th). On the said basis, Firdousa Akhter filed SWP No. 2209/2011 which was disposed of vide judgment dated 26.12.2012 directing the respondents to consider her candidature in the light of circular No. 4 dated 06.02.2012 issued by the Commissioner/Secretary to Govt. School Education Department.

(3.)RESPONDENT Director Social Welfare, Kashmir has accorded consideration, which resulted in issue of order No. 912 -DSWK of 2014 dated 24.01.2014. In the said order clarification as furnished by the Board of School Education vide No. F(Acad -C)EQ/B/09, dated 12.10.2011 has been referred to, which is reproduced hereunder:
"This is to inform that proficiency, high proficiency or honours examination in Urdu conducted by University of Kashmir or University of Jammu or Urdu Board Aligarh or Jamia under Aligarh Jamiya Deniyat Urdu, Deoband or Jamia Urdu Kashmir Plus English only subject of Secondary School Examination (Class 10th) conducted by the J&K State Board of School Education is equivalent to Secondary School Examination (class 10th) for purposes of employment to such posts which require the knowledge of Urdu and English of Secondary School Examination standard in various departments other than teaching profession in which case the department of Education shall apply its own rules and procedure".

"Emphasis supplied"



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