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Judgment
SWP No.740/2015 is segregated and order passed separately.
SWP No.277/2015 & MP No.298/2015 & MP No.01/2017
SWP No.349/2015 & MP No.416/2015
SWP No.1022/2015 & MP No.1293/2015
Since the issue raised in these writ petitions is identical, the same are taken up together and disposed of by a common order.
In SWP No.277/2015, the petitioners seek the following reliefs in the nature of :-
(i) Certiorari quashing the order impugned being Order No.DSEJ/NG/M/24194-25206 dated 28.01.2015 passed by respondent No.2 whereby
the promotions of the petitioners as Masters have been rescinded abinitio and the Chief Education Officers and DDO''s have been directed to
draw their salary in the pay grade of Teacher;
(ii) Mandamus declaring the qualification of Maullam-e-Urdu as equivalent to the B.Ed. qualification awarded by University of Jammu/Kashmir on
the same analogy in which the qualification of Adeeb, Adeeb-e-Mahir and Adeeb-e- Kamil have been declared equivalent to 10th Class, 12th
Class and B.A. Final respectively in terms of Circular No.04-Edu of 2012 dated 06.02.2012 and the petitioners be treated as trained
graduates/B.Ed. entitled in law to be promoted to the post of Masters under J&K Education Subordinate Service Recruitment Rules;
(iii) Mandamus commanding the respondents to allow the petitioners to continue as Masters in the school Education Department with a further
direction to pay them the salary attached to the post of Masters.
The petitioners in all the writ petitions are Teachers in the School Education Department. They have been qualified as Maullam-e-Urdu from
Jamia Urdu Aligarh University and they joined the services of the respondents-department. While performing the duties as Masters, it appears that
the School Education Department was of the view that this degree obtained from Jamia Urdu Aligarh University, namely, ''Maullam-e-Urdu'', is not
recognized or equivalent to B.Ed. and, therefore, they are not entitled to be granted the benefits of Masters. In these cases, it appears that from the
post of Masters, they have been reverted back to the post of Teachers.
Aggrieved by that, these writ petitions have been filed by the petitioners. Interim order was granted in each of the case staying the impugned
order.
Today, Mr. Sherkhan and Mr. Pant, learned counsel for the petitioners, produced a photocopy of letter/communication dated 22.09.2017
issued by the Under Secretary to Government, School Education Department, which reads as follows:-
Subject : Equivalent of Qualification of Moalim-e-Urdu.
Sir,
Kindly refer Government Order No.140-HE of 2017 dated 8.3.2017 issued by Department of Higher Education, under endorsement
No.HE/Clarification/Moalim-e-Urdu/2017 dated 8.3.2017 regarding the subject cited above (copy enclosed).
In this connection, I am directed to forward the copy of the Government Order No.140-HE of 2017 dated 8.3.2017, to you for information and
taking further necessary action accordingly.
Government Order No.140/HE of 2017 dated 08.03.2017 is also annexed with MP No.01/2017 in SWP No.277/2015, which reads as
follows:-
Government Order No.140/HE of 2017 Dated 08.03.2017
In view of similarities in curriculum, content and scheme, it is hereby ordered that ""Moalim-e-Urdu"" Degree awarded by Jamia Urdu Aligarh is
equivalent to ""Bachelor of Education (B.Ed)"" Degree awarded by State Universities of Jammu and Kashmir.
In light of the above Government order, the proceedings of the Director, School Education, Jammu, requires to be revisited. As a result, the
impugned orders are set aside and the respondents are directed to re-consider the issue in light of the aforesaid Government order.
Writ petitions alongwith connected MPs stand disposed of as above.