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Judgment
Tashi Rabstan, J
Pursuant to advertisement notice No. 06/2017/15 to 06/2017/28 dated 28.12.2017, the petitioner, being found eligible, applied for the post of Science/Maths Teacher, School Education Department, District Cadre Reasi, Item No. 027 under Open Merit category and participated in the selection process. The respondents issued the select list, wherein the name of the petitioner has been figured at serial No. 1 under Open Merit category, with the following remarks:
"Recommendation withheld subject to clarification with regard to equivalence of BE (Mechanical) viz-a-viz qualification prescribed for Science/Math Teacher from the indenting department".
The petitioner, accordingly, made a representation to the Controller of Examination, University of Jammu, seeking clarification with regard to equivalence of B.E. viz-a-viz qualification prescribed for Science/Maths Teacher, on which the Assistant Registrar (Academic), University of Jammu vide communication dated 18.03.2019 addressed to the petitioner conveyed him that the representation of the petitioner was referred to the Dean, Faculty of Engineering for opinion/clarification and she opined as under:-
"1. The Candidate possesses B.E. Mechanical Degree which is a Professional/Technical four year Degree course comprising of Physics & Mathematics subjects that are spread over the entire course duration.
The B.E Mechanical Degree also covers additional subjects as compared to three years Graduation Degree.
Therefore, the candidate fulfils the prescribed criteria as mentioned in the Notification No.06/2017/15 to 06/2017/28 dated 28.12.2017 for the posts of Science/Maths Teacher."
It is stated in the writ petition that even the respondent No. 3 vide communication dated 14.03.2019 addressed to respondent No. 1-Commissioner/Secretary to the Government, School Education Department, J&K Civil Secretariat, Jammu requested to clarify, as to whether, the qualification of B.E/B.Tech can be considered relevant/equivalent to the prescribed qualification of Science/Math Teacher, however, the respondent No. 1 has not conveyed any clarification in terms of aforementioned communication dated 14.03.2019, till date.
It is also stated that the Principal, Government College of Engineering and Technology addressed a communication dated 01.06.2019 to the respondent No. 1, whereby he conveyed to the respondent No. 1 that the candidates possessing B.E Degree are well qualified to teach Mathematics subject at the level of School Education. The petitioner has also enclosed the copies of his marks cards issued by the University of Jammu, with the writ petition, marked as Annexure-VI. It is submitted that the non issuance of any clarification by the respondent No. 1 has forced the petitioner to file the present writ petition.
Learned counsel for the petitioner submits that he will be satisfied in case this writ petition is disposed of, at this stage, by directing the respondents to settle the issue having regard the clarification as given by the Assistant Registrar (Academic) University of Jammu and also on the basis of marks certificates produced by the petitioner, to which the other side has no objection. Statements of learned counsel for the parties are taken on record.
Admittedly, the issue with regard to clarification of qualification is pending before the respondent No. 1 for the last seven months. Therefore, in view of the statement made by learned counsel for the petitioner, I deem it proper to dispose of the writ petition. Accordingly, this writ petition is disposed of with a direction to the respondent No. 1 to clarify the issue as sought by the respondent No. 3 vide communication dated 14.03.2019, positively within a period of six weeks from the date a certified copy of this order along with complete set of paper book of this writ petition is made available by the petitioner to the respondent No. 1 against proper receipt. It is made clear that while clarifying the issue, the respondent No. 1 shall also take into consideration the communication dated 18.03.2019 addressed by the Assistant Registrar (Academic), University of Jammu to the petitioner as also the communication dated 01.06.2019 addressed by the Principal Government College of Engineering and Technology, Jammu to the Commissioner/Secretary to Government, School Education Department. Till the issue is clarified by the respondent No. 1, the post of Science/Maths Teacher, School Education Department, District Cadre Reasi, shown at serial No. 1, Item No. 027 under Open Merit category on which the petitioner got selected, shall not be filled up.
Disposed of as above along with connected CM(s).