JAMMU, May 30: Division Bench of State High Court comprising Justice Dhiraj Singh Thakur and Justice Sindhu Sharma has held that additional qualification acquired before the cut off date merits consideration of the recruiting agency.
The observation was made by the DB while upholding the validity of the judgment dated February 7, 2017 passed by the Writ Court whereby the Single Judge while allowing the writ petition filed by petitioner Saleem Akhter, wife of Abdul Khaliq of Mendhar had directed the J&K Service Selection Board (SSB) to award additional marks of MA Urdu qualification acquired through Moulana Azad National Open University (MANU) before the cut off date fixed by the SSB for the post of Teacher under ST Category.
The Single Judge had also directed the Service Selection Board that in case the petitioner comes within the zone of selection after award of PG marks then the selection/appointment of last selected candidate be cancelled after issuing a show cause notice to the candidate.
After hearing Advocate M I Sherkhan appearing for the appellant Shagufta Andleeb, daughter of Mohd Din of Haveli, Advocate Sheikh Shakeel Ahmed for the petitioner/private respondent Saleem Akhter, AAG Ravinder Gupta for Education Department, AAG Amit Gupta for SSB and Advocate Khalid Mustafa Bhatti for MANU, the Division Bench dismissed the Letters Patent Appeal (LPA) filed by Shagufta Andleeb.
Placing reliance upon the judgments of Apex Court, the Division Bench observed, “the issue that arises for consideration is whether petitioner/private respondent Saleem Akhter could at all be entitled to the benefit of the additional marks having not produced the documents with regard to post graduation course before the cut off date”, adding admittedly the documents were produced at the time of interview and there was no prohibition for entertaining such documents at the time of interview.
With these observations and directions, the Division Bench dismissed the appeal filed by the appellant Shagufta Andleeb and upheld the validity of the judgment passed by the Single Judge.