1. In the instant batch of petitions the selection of private respondents as Teachers in the District cadres of Districts, Jammu, Rajouri, Kathua, Udhampur, Anantnag and Doda is being questioned, mainly on the following grounds:-

(a) The selection criteria adopted by the Service Selection Board is invalid;

(b) The candidates possessing higher qualification i.e. M.Ed. B.Ed, Post graduation have been ignored whereas candidates possessing 10+ 2 qualification have been selected;

(c) Additional higher qualification obtained by the candidates after the last date fixed for submission of application forms before the date of interview has been ignored;

(d) Weightage has been given to the qualification done in specialized fields like B.Sc (Agriculture), Engineering etc which qualification has no relevance to the job of a teacher;

(e) The candidates who were already in service have been selected; and

(f) Meritorious candidates have not been selected whereas candidates who have obtained lesser merit have been selected.

Before taking up independent grounds of challenge set up in the writ petitions, I would first deal with the above common grounds of challenge.

Ground (a)

2. The Jammu and Kashmir Services Selection Board by virtue of Advertisement Notice No. 1 of 1999 dated 9th March 1999 invited applications for the posts of teachers available in the district cadre of various districts of the State. The essential qualification for the said post was 10+2 with 50% marks and above. However bar of 50% marks was not applicable to Graduates and above. Experience was also to be given preference. Last date fixed for receipt of the applications was 31st March 1999, later extended to 15.4.1999.

3. The writ petitioners with many other candidates offered their candidature for the said post. The Services Selection Board was to make short listing of candidates for interview, but before it could do so, a judgment of the Division Bench of this Court came to be rendered in case Balwinder Kour Vs. State of J&K and ors reported in 2000 KLJ 421. In that case appellant Balwinder Kour had remained unsuccessful in the selection process carried out for the posts of teachers, pursuant to the advertisement notice No. 3/1999 dated 24th December 1996 issued by Services Selection Board. Her case was that more weightage was given to the basic qualification prescribed i.e. 10+2 and the criteria of selection was as follows:-

"a)10+2	: 50 Points.
b) Graduation	: 10 Additional Points for 1st Division.
	: 08Additional Points for 2nd Division.
	: 06 Additional Points for 3rd Division.
c)Post-graduation	: 10 Additional Points for 1st Division.
	: 08 Additional Points for 2nd Division.
	: 06 Additional Points for 3rd Division.
d)B.Ed.	: 05 Additional Points.
e)M.Ed.	: 05 Additional Points.
f)Viva-voice	:20 points.
Total	:100 Points."

The learned Division Bench observed as follows:-

"17. In view of the above, we are of the opinion that giving undue Weightage to 10+2 qualification and giving lesser importance to the degrees in the discipline of education is no apt. 10+2 qualification had no rational with the object i.e. appointment as teacher. 10+2 qualification is basic for all further attainments in all walks of life. How does this qualification advances the cause of teaching and of those who are to be taught. When this qualification is not given any weightage for any other discipline then why give it so much importance in the selection of teachers. In any case, 50 marks for 10+2 qualification is definitely on the higher side. At 10+2 stage an individuals personality is yet to develop and as observed in Lila Dhars case (supra) "it is too early to identify the personal qualities for which greater importance may have to be attached in later life". Deeper traits of leadership, tact, forcefulness are yet to develop. Therefore, giving undue regard to 10+2 qualification at the cost of later qualifications is not apt. In somewhat different context, reserving 75 marks under one head out of 275 marks was held to be bad

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