Merit determination based on graduation level marks, residency requirements, and procedural errors in the selection process.

1. The Chief Education Officer, Doda, herein respondent No. 3, issued Advertisement Notice inviting applications inter alia for filling up of two vacancies of Rehbar-e-Taleem (R-e-T) in HSS Inharrah, Education Zone, Bhallesa. This Notice was published under No. DIP/JK-15827/2012 dated 12.01.2012. The minimum qualification was prescribed as 10+2 from the recognized Board/University and it was provided also that only eligible candidates from the Revenue village/village where the school is functioning can apply. The private parties to these two writ petitions applied for the aforementioned vacancies. The Zonal Education Officer, Bhallessa, herein respondent No. 4 vide his No. T/390-91 dated 08.05.2012, prepared merit wise list of the candidates, who had applied for the engagement. Hernam Singh and Kanchana Devi, who have been arrayed respondents in both these writ petitions figure at serial Nos. 1 and 2 respectively in this list. Petitioner, Kartar Singh and petitioner, Ravinder Kumar, figure at serial Nos. 3 and 4 respectively and Anita Devi, who is impleaded as party respondent in SWP No. 2642/2012 figures at serial No. 5. All these candidates, besides possessing the basic qualification of 10+2, are graduates. The merit of these candidates has been determined on the basis of the marks secured by them at the graduation level. At a later stage, the respondent No. 4 issued tentative select panel of these candidates for selection against the two vacancies. In this panel, Hernam Singh figures at serial No. 1, Kanchana Devi at serial No. 2 and Kartar Singh at serial No. 3.

2. In SWP No. 2165/2012, petitioner, Kartar Singh primarily seeks writ of certiorari quashing the merit panel to the extent it shows Hernam Singh and Kanchana Devi, herein respondent Nos. 6 and 5 respectively at serial Nos. 1 and 2. The challenge in this regard is two fold. Firstly, Mr. P.N. Bhat, learned counsel appearing for the petitioner submitted that respondent No. 4 has fallen in error by determining the inter se merit of the candidates on the basis of the marks secured by them at graduation level, which should have been determined on the basis of the marks secured at 10+2 level, that is, the minimum prescribed qualification for the engagement. Secondly, Mr. Bhat submitted that respondent, Kanchana Devi, is not a resident of village, Inharrah. Mr. Bhat pointed out that the petitioner has secured 51.2 per cent marks in 10+2 examination and is superior in merit than respondents 5 and 6, who have respectively secured 50.16 per cent and 41.83 per cent marks, though the percentage of marks secured by them at graduation level is higher than that of the petitioner. Mr. Bhat urged that for the purpose of determining the inter se merit, the marks secured in the minimum prescribed qualification alone can be taken into account though the higher qualification can be taken into account only for giving weightage. Learned counsel relied upon a judgment of a coordinate Bench of this Court in Masood Ahmad Bhat v. State and others, 2010 (3) JKJ 792. In regard to the second ground, it is contended by the petitioner that respondent No. 5, Kanchana Devi is not residing in village, Inharrah for the last more than 20/30 years though she was initially a resident of that village.

3. In SWP No. 2642/2012, petitioner, Ravinder Kumar, seeks writ of certiorari quashing selection of Hernam Singh and Kanchana Devi on the ground that the school in which the vacancies are to be filled up is located within Champagwari (Tuti) habitation of Revenue village, Inharrah and he is the only candidate of the said habitation. It is contended that Revenue village, Inharrah, has two habitations, namely, Inharrah and Champagwari (Tuti). The distance of the school in question from Champagwari is just 120 meters, whereas the distance of the said school from the Inharrah is 1500 meters. Learned Senior Advocate, Mr. Sunil Sethi, appearing on behalf of the petitioner, submitted that in terms of the Go