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2015 Supreme(J&K) 367

IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Muzaffar Hussain Attar, J.
Faisal Ahmad Khan – Appellant
Vs.
State and Ors. – Respondent
Case No. SWP 346/2014
Decided On : 14-05-2015

Advocates Appeared:
For the Appellant :Saaqub Amin Parray, Advocate
For the Respondents:Jehangir Iqbal Ganai, Advocate

The court emphasized the importance of maintaining the integrity of academic degrees and the qualifications of teachers, and the need to take corrective actions to prevent further deterioration in the education system.

Headnote:

Academic Degrees - Sale and Purchase of Degrees - Board of Higher Secondary Education, Delhi & B.Com. degree Award, issued by the Global Open University, Nagaland - [10+2, Board of Higher Secondary Education, Delhi, B.Com. degree Award, Global Open University, Nagaland] - The court set aside the impugned panel to the extent of the private respondent and directed the authorities to constitute a committee to look into the hazards caused by such degrees and to conduct a screening test for all such teachers who obtained questionable degrees.

Fact of the Case:

The petitioner challenged the empanelment of the private respondent in the list of eligible candidates for being engaged as Rehbar-e-Taleem (ReT.) at M.S. Salyaloo, Kurigam, Qazigund, on the ground that the Study Centre, through which he obtained the degree of 10+2, is not recognized.

Finding of the Court:

The court set aside the impugned panel to the extent of the private respondent and directed the authorities to constitute a committee to look into the hazards caused by such degrees and to conduct a screening test for all such teachers who obtained questionable degrees.

Issues: Validity of the private respondent's academic degrees and empanelment as a teacher, and the impact of such degrees on the education system.

Ratio Decidendi: The court found that the private respondent's academic abilities were questionable, and the issuance of degrees without proper examinations had a detrimental impact on the education system. As a result, the court set aside the impugned panel and directed the authorities to take corrective actions.

Final Decision: The impugned panel, in which the private respondent figures, is set aside. The official respondents are restrained from entertaining any application of the private respondent for any future selection for being appointed as Rehbar-e-Taleem/teacher in any of the schools. Official respondents are further directed to consider the claim of the petitioner for being selected/appointed in accordance with the Government orders.

JUDGMENT :

Muzaffar Hussain Attar, J.

1. This writ petition throws up most startling and classical example of sale and purchase of academic degrees, for which many tuck shops were operating in the State. These tuck shops, who have issued the degrees, would be responsible for relegating the student community into the "dark cave of Plato". The authorities, responsible to ensure that the stream of academics and education is not polluted in the State of J & K, however, in view of the facts, which have surfaced in this case, have acted as soulless bodies with rayless eyes, as they have criminally condoned and over looked the himalayan blunders committed in procuring the academic degrees.

2. The private respondent-Mohammad Imran Khan S/o. Javaid Ahmad Khan, R/O. Qazigund, Kashmir, figures in the list of eligible candidates for being engaged as Rehbar-e-Taleem (ReT.) at M.S. Salyaloo, Kurigam, Qazigund.

3. The petitioner challenged empanelment of the private respondent in the aforesaid list on-the ground that the Study Centre, through which he (private respondent) obtained the degree of 10+2 is not recognized.

4. Some of the Study Centres have played havoc with the academic health of the State, which, in pursuance of Government orders, stand closed now.

5. Allegations were made that without taking examinations, the degree certificates were being issued. The private respondent, if selected, has to teach the students in a school and after completion of satisfactory performance as ReT, he would be absorbed as General Line Teacher in the School Education Department. The private respondent has placed on record the degree of 10+2, issued by the Board of Higher Secondary Education, Delhi & B.Com. degree Award, issued by the Global Open University, Nagaland.

6. On last date of hearing, when the case was taken up, it was decided to take it as a sample case to find out the academic ability of the private respondent, who was present in the Court. Mr. B.A. Bashir, learned Senior Advocate, was requested to give him one simple line to be translated both into urdu and english and vice versa, which the private respondent could not do at all.

7. As the private respondent, on his selection, has to teach the students, learned counsel, appearing for him, was requested to ask him to withdraw his candidature. The advice, it appears, has fallen on deaf ears. That is how, on last date of hearing, learned counsel was asked to cause appearance of the private respondent before the Court again.

8. Today, the private respondent is present in the Court. In presence of number of learned counsel and litigant public, he was asked to write an essay on cow in urdu and english. Paper and pen was provided to him. Even after five minutes, he could not write a single word. However, he stated that he be permitted to write the essay outside the Court Room. He was permitted to do that. At this, he said that he cannot write essay either in urdu or in english, which are the languages, which he is required to teach at the primary and middle level. Thereafter he said that he can solve any problem/question of mathematics.

9. Ms. Arifa Jan-learned Advocate, framed some questions of 04th standard for the private respondent to solve. However, after examining the answers, no question was answered correctly.

10. The marks certificate of the private respondent, which is issued by the Board of Higher Secondary Education, Delhi, shows that out of 100 marks in urdu subject, he has obtained 74 marks, in english he has obtained 73 marks out of 100 marks and in mathematics, he has secured 66 marks out of 100 marks.

11. One does not know as to how many such candidates, with such degrees, stand appointed as teachers in the School Education Department.

12. In this situation, what would be the fate of future of the State, has to be only visualized. The school going children, who are the future of nation, in the hands of such teachers, would pass out as block heads. The future of the State would get destroyed







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