HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

SWP No. 2098/2014

c/w

SWP No 661/2016

Reserved on: 31.05.2022

Pronounced on: 30.06.2022

Reyaz Ahmad Bohru

…Petitioner(s)

Through: Mr. Gulzar Ahmad Bhat, Advocate.

Vs.

State of J&K & Ors.

…Respondent(s)

Through: Mr. Illyas Nazir Laway, GA.

Mr. Mir Majid Bashir, Advocate.

CORAM: HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE

JUDGMENT

1. An Advertisement Notification for appointment / engagement of

Teachers under the Rehbar-e-Taleem (ReT) Scheme, for different

schools of Ramban including one vacancy in Govt. High School,

Hinjihal in Banihal zone of District Ramban was issued by the Chief

Education Officer Ramban in the year 2013. Petitioner-Reyaz

Ahmad Bohru and private respondent-Mohammad Amin Bohru

amongst other candidates, applied for the said post.

2. A tentative panel of seven candidates was drawn by the Zonal

Education Officer Banihal, wherein the petitioner and private

respondent figured at serial numbers 4 and 1 respectively. The

candidates figuring at S.No.2 and 3 in the tentative list approached

the Zonal Education Officer Banihal to inform that they were not

willing to serve on the advertised post of ReT Teacher being

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engaged in some other departments. Zonal Education Officer

Banihal prepared the tentative panel for selection of candidates for

one post in Government High School Hinjhal falling in the revenue

village Hinjhal and Panchayat Dooligam.

3. The petitioner claims to have filed the complaints before the

concerned authorities including Director School Education Jammu

raising objection that the private respondent had not passed his

matriculation and 12^th class examination and also he has no

qualification for being Graduate from any recognized University or

Board, and it was also mentioned in the complaint that 10+2 and

Graduation certificates of the private respondent are fake, who had

submitted marks cards issued by Madrassa Zia ul Uloom which was

not the recognized Institute and that the State Recruitment Board of

J&K had not accepted the said marks card/degrees issued by the said

Institute. The marks cards submitted by the private respondent had

no authentication of U.P Government. The petitioner claimed to

have qualified his 10+2 / Graduation through the J&K State Board of

School Education / University of Kashmir.

4. Despite objection raised, the official respondents are stated to have

issued the engagement order as ReT Teacher in favour of the said

private respondent, in violation of norms and rules, ignoring the

meritorious petitioner. The petitioner approached all the concerned

authorities with the grievance that the private respondent having no

requisite

qualification,

as

prescribed

in

the

advertisement

notification, had been engaged as ReT Teacher against the advertised

post of Govt. High School Hinjihal, by the Zonal Education Officer

Banihal vide Order No. ZEO/BNL/14/370 dated 26.08.2014.

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5. Having been aggrieved of the said order issued by the Zonal

Education Officer Banihal in favour of the private respondent, the

petitioner herein has assailed the order on the grounds:

(i)

that the private respondent had submitted 10^th and 10+2

qualification certificates issued by the Madrassa Zia ul Uloom,

which were not recognised by the local Board and the State

Government; and,

(ii)

that official respondents ignoring the petitioner who had better

merit and being eligible as he had all the qualification

certificates issued by the local Board and University,

appointed the private respondent. It was prayed that the

impugned order whereby the private respondent had been

engaged as ReT be quashed and the official respondents be

commanded to engage the petitioner on the advertised post as

ReT Teacher.

6. Pursuant to not