The central legal point established in the judgment is the recognition of degrees obtained through distance mode and the arbitrariness of considering such degrees for appointment purposes.

Ali Mohd. Magrey, J.

1. This writ petition was originally heard on 30.12.2013 and judgment was reserved. While preparing the judgment, it was noticed that the whole controversy involved in the writ petition boiled down to, and the claim of the parties - petitioner and respondent No. 8 - hinged on finding whether or not respondent No. 8, namely, Miss Sheeraza Akhtar, had obtained the M.Sc. Degree in the subject of Zoology, from Vinayaka Missions University, Tamil Nadu, in 2007 as a regular student or had obtained it through distance mode. This Court, on 29.01.2014, therefore, passed the following order:

"1. Petitioner and respondent No. 8 herein had offered their candidature for the post of ReT available in the upgraded Primary School Ganiepora, notified by respondent No. 4, Zonal Education Officer, Dooru, vide advertisement notice dated 02.03.2009. As per the averments made in the petition, the petitioner possessed 10+2 with Science subjects and Graduation in Science. She had also obtained Masters in Environmental Science (Disaster Mitigation Course) from Sikkim Manipal University of Health, Medical and Technology Sciences in 2003; whereas respondent No. 8 possessed 10+2 in Science, Graduation and also M.Sc. Zoology from Vinayaka Missions University. The Postgraduate degrees of both the candidates were not considered, having been obtained through distance mode and being not recognized by the University of Kashmir. On the basis of the merit at Graduation level, petitioner was selected and appointed against one of the two advertised posts meant for Science Stream."

Respondent No. 8 filed writ petition, SWP No. 2266/2011, challenging the appointment of the petitioner herein on the ground that she had obtained Post Graduation Degree in Science stream as a regular student and, therefore, her Post Graduation Degree had to be taken into consideration. The writ petition was disposed of by order dated 10.07.2012 in the following manner:

'Respondent No. 2 is directed to seek clarification from respondent No. 5 (University of Kashmir) in the light of the observations made in this judgment and after obtaining clarification take a decision. The selection and engagement of private respondent will dependent upon the clarification so received from respondent No. 5. In the event respondent No. 5 clarifies that the Post Graduation Degree is recognized by the Kashmir University, then due weightage shall be given to the same and fresh orders for selection and engagement of the meritorious candidates shall be passed.'

2. Pursuant to the above Court direction, the Director, School Education, Kashmir, has passed Order No. 1070-DSEK of 2013, dated 10.4.2013 holding and ordering as under:

'Whereas the case was considered in light of the reports received from the University of Kashmir, Vinayaka Mission Research Foundations and respective claims of petitioner and private respondent, it was found that the petitioner's M.Sc. Degree in Zoology through Vinayaka Mission's Research Foundation is valid as clarified by University of Kashmir/Vinayaka Mission Research Foundations.

Whereas the petitioner being M.Sc. Zoology emerges meritorious than private respondent namely Nahida Shaheen.

Now, therefore, selection/engagement of Nahida Shaheen B.Sc./B. Ed D/o Gh. Mohi-ud-Din R/O Ward No. 5 Dooru Anantnag (Private Respondent No. 6) as ReT is hereby withdrawn and Mtr. Sheeraza Akhter D/O Gh. Nabi Sheikh R/O Dooru Mirmaidan M.Sc. Zoology is selected as ReT Science in UPSA Ganaipora.'

3. In this petition, the petitioner has sought quashment of communication bearing No. F(Equivalence-Recognition)/KU/13, dated 30.01.2013 issued by the Assistant Registrar Academics and the aforesaid order issued by the Director, School Education and her continuance on the cost to which she was appointed.

4. The case of the petitioner is that Vinayaka Mission University earlier know