Excelsior Correspondent
Srinagar, May 8: J&K High Court today directed the Chief Secretary of the State for constitution of an expert committee which will frame guidelines to be followed by all departments to make sure that no one is deprived of genuine rights.
Justice M H Attar passed this judgment while hearing a petition of three candidates whose B Ed degrees were not taken into consideration for their selection in as Teachers in Baramulla district and were dropped.
“Chief Secretary of the State should constitute an expert committee for framing guidelines to be followed by all departments to make sure that no one is deprived of his/her genuine rights”, directed the court.
The High Court pulled up the Services Selection Board for its failure to consider B Ed degrees for the selection of candidates to teachers post. While disposing off the writ petition, Court directed the SSB to assign points to the petitioners for their B. Ed qualification and evaluate their merit and in case the petitioners qualify for selection list then their names be recommended to competent authority for their appointment on the post of teacher.
“In case recommendations are made for their appointment then the appointing authority shall issue orders within one week after initiating and concluding the exercise of recommendation by the competent authority”, court directed.
The petitioners were seeking consideration for being selected and appointed on the post of teacher in District Cadre pursuant to notification of the SSB. As they were not selected they approached the court by way of the writ petition praying therein that their B. Ed degree be considered and points in respect of the degree be given to them for their selection for the teachers post.
The SSB counsel submitted that the petitioners had reflected M. Ed in their OMR forms and not B. Ed qualification and the forms were fed to the machine for evaluation on the basis of the criteria framed by the Board. He further stated before the court that since the petitioners had not mentioned B. Ed in the OMR form so no points were given to them for that degree.
“It is admitted at bar that a person can secure M. Ed degree only when he is in possession of B. Ed degree and respondent board had denied points for B. Ed qualifications to the petitioners”, court said after considering the submission of Board Counsel advocate Tasaduq Khawaja.
“In the facts of this case, what emerges is that man who has created machine has become its ‘slave and dependent’ upon it. The God has given brain to a human being which is one amongst the great miracles of the creator. It is the human brain which created for convenience of the people and not to destroy their rights”, court observed.
Court also held that if any responsible officer in the Board had directed evaluation process by a human being then the mistake committed by the machine would have never been committed. With these observations, court asked for depending upon the mental ability then on machine.
“Before parting with this judgment it is deemed appropriate to impress upon all the authorities to depend more on their mental faculties than on machines. The machines are to be utilized for the benefit of man and the results generated by machines have to be further ‘scanned’ by appropriate authorities”, court directed. Court also held that the evaluation of OMR forms without further scanning by human agency has subjected the petitioners to immense and countless miseries which forced them to approach the court.
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