2016 Supreme(J&K) 498
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
N. PAUL VASANTHA KUMAR, DHIRAJ SINGH THAKUR, JJ.
Jeeva Bharti and Ors. – Appellants
Vs.
Mohan Singh and Ors - Respondents
LPASW No. 14 of 2015 and MP No. 15 of 2015
Decided On : 11-11-2016
Advocate Appeared:
For the Appellant :Abhinav Sharma, Advocate.
For the Respondents:Sunil Sethi, Sr. Advocate and Ankesh Chandel, Advocate.
Parties must establish their aggrieved status based on the genesis of the controversy and take timely legal action to challenge relevant notifications.
Headnote:
Advertisement Notice - Educational Qualifications - J&K Reservation Rules - Govt. Order No. 1670-Edu of 2003, Letter dated 22.6.2009
Fact of the Case:
The appellants challenged a judgment and order quashing two notifications related to the withdrawal and reissuance of an advertisement notice for filling up teaching vacancies.
Finding of the Court:
The appellants were not considered parties aggrieved as they did not respond to the original notification and did not challenge it legally.
Issues: Validity of withdrawal and reissuance of advertisement notice, standing of the appellants as aggrieved parties
Ratio Decidendi: The court found that the appellants were not aggrieved parties as the genesis of the controversy lay in the original notification, and they did not take any action at that time.
Final Decision: The Letters Patent Appeal was found to be without merit and dismissed.
Dhiraj Singh Thakur, J.
1. The present Letters Patent Appeal has been preferred by the appellants against the judgment and order dated 15.12.2014 passed by the writ court in two clubbed writ petitions bearing SWP Nos. 1627/2012 and 1640/2012 after obtaining leave of this court vide order dated 10.2.2015 inasmuch as the appellants were not parties to the aforementioned writ petitions. With a view to understand the background in the light of which the present controversy has arisen, it is necessary to give some material facts in brief:
2. An advertisement notice dated 02.11.2011 was issued by the Chief Education Officer, Udhampur, inviting applications from eligible candidates possessing 10+2 qualification for filling up of 31 regular vacancies of Teachers in socially and educationally backward areas identified under the J&K Reservation Rules on the pattern of Rehbar-e-Taleem scheme at village level in District Udhampur, the break-up of which was as under:
(A) Science Stream
13
(B) Math Stream
14
(C) General
4
Total
31
3. According to clause 6 of the aforesaid advertisement notice, the Zonal Education Officer was required to frame separate panels for Science, Maths and General Line teachers and the candidates having Maths and Science background were to be considered from the panels so prepared.
4. It appears that the petitioners in writ petitions bearing SWP Nos. 1627/2012 and 1640/2012 responded to the advertisement notice dated 2.11.2011 whereafter a select list was prepared. However, by virtue of order dated 23.7.2012, the Chief Education Officer, Udhampur withdrew the advertisement notice dated 02.11.2011, which read as under:
"In the interest of administration this office Advertisement Notice No. CEOU/E-2/20563 dated 01-11-2011 published in daily newspapers vide No. DIP/J-10863 dated 02-11-2011 is hereby withdrawn due to administrative problems."
5. Immediately thereafter, the official respondents issued a fresh advertisement notice dated 28.7.2012 wherein while the minimum basic qualification was prescribed as only 10+2, there was no condition prescribed, requiring the candidates to have the requisite qualification background in the subjects of Maths and Science.
6. Aggrieved of the withdrawal notification dated 23.7.2012 and the fresh advertisement notice dated 28.7.2012, the petitioners challenged the same in writ petitions bearing SWP Nos. 1627/2012 & 1640/2012 before the writ court, which was allowed by virtue of judgment and order dated 15.12.2014, by holding that no reasons had been disclosed for withdrawal of the earlier advertisement notice dated 2.11.2011 pursuant to which the petitioners stood selected nor were any reasons recorded for issuing the fresh notification. The action of the official respondents was, thus, held to be arbitrary and consequently, the impugned notifications dated 23.7.2012 and 28.7.2012 were quashed.
7. The appellants herein, who were not parties to the writ proceedings, have questioned the judgment and order dated 15.12.2014 in the present appeal on the ground that the notification dated 23.7.2012, withdrawing the earlier advertisement notice dated 2.11.2011 had sound basis inasmuch as the department had erroneously prescribed the preparation of panels in the Math and Science streams from candidates possessing a background in the said subjects inasmuch as the said condition was to apply only if the post had to be filled up in the New Primary Schools or upgraded primary schools.
8. Reliance in this regard was placed upon Govt. Order bearing No. 1670-Edu of 2003 dated 24.11.2003 and letter dated 22.6.2009 issued by the Secretary to Government, Education Department.
9. Heard learned counsel for the parties and perused the records.
10. Admittedly, the appellants before us are not candidates with Science and Mathematics background but are possessed of 10+2 qualification