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BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AT JAMMU. Sanjay Kumar age 38 yrs S/O Sh. Gopal Dass R/o Ward No.16, H.No.15 Chowk Chabutra Bazar Udhampur. v/s 1. State of J&K Through Commissioner Secretary Civil Secretariat Srinagar 2. Director School Education Jammu/Kashmir. 3. Sheikh Nazir Ahmed I/C Lect in Computer Science S/o Sheikh Mohammad Maqbool HSS Behrampora Baramulla. 4. Sunil Kumar Pandit I/C Lect in Computer Science S/o Som Nath Pandita Girls HSS Samba.

MCA CONFLICT

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Page 1: MCA CONFLICT

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR

AT JAMMU.

Sanjay Kumar age 38 yrs

S/O Sh. Gopal Dass

R/o Ward No.16, H.No.15

Chowk Chabutra Bazar

Udhampur.

v/s

1. State of J&K

Through Commissioner Secretary

Civil Secretariat Srinagar

2. Director School Education

Jammu/Kashmir.

3. Sheikh Nazir Ahmed

I/C Lect in Computer Science

S/o Sheikh Mohammad Maqbool

HSS Behrampora Baramulla.

4. Sunil Kumar Pandit

I/C Lect in Computer Science

S/o Som Nath Pandita

Girls HSS Samba.

5. Virinder Kumar

I/C Lect in Computer Science

S/o Tilak Raj

HSS Domana.Jammu.

Page 2: MCA CONFLICT

6. Ravinder Singh

I/C Lect in Computer Science

S/o Baldev Singh

HSS(G) Mubarak Mandi Jammu.

7. Rajinder Kumar

I/C Lect in Computer Science

S/o Jagdish Chander

Boys HSS Udhampur.

8. Ghulam Abbas (RBA)

I/C Lect in Computer Science

S/o Mohi-ul-Din

BHSS Kathua.

9. Dorjay Wanchok (ST)

I/C Lect in Computer Science

S/o Dorjay Tsering

C/O Chief Education Officer, Leh

10.Ghar Singh

I/C Lect in Computer Science

S/o Baldev Dass

GHSS Bishnah.Jammu

11.Krishan Mohan Tharmat

I/C Lect in Computer Science

S/o Om Prakash Tharmat

Girls HSS Udhampur.

12.Shiv Raj Singh

I/C Lect in Computer Science

S/o Bishamber Singh

Page 3: MCA CONFLICT

HSS Jakh, Samba

13.Omesh Gupta

I/C Lect in Computer Science

S/o Ved Prakash

SRML Jammu.

14.Mysoura Parveen

I/C Lect in Computer Science

S/o Ab. Latif

Director School Education Jammu

15.Ghulam Ahmed Bhat

I/C Lect in Computer Science

S/o Mohammad Ramzan Bhat

GHSS Hatmulla Kupwara Srinagar.

16.Saloni Khajuria

I/C Lect in Computer Science

W/o Rakesh Balotra

SRML Jammu.

17.Vikas Sudan

I/C Lect in Computer Science

S/o Bhagat Ram

HSS(B) Akhnoor Jammu.

18.Jeevan Singh (RBA)

I/C Lect in Computer Science

S/o Balwant Chand

HSS Ramnagar Ramnagar Udhampur.

Page 4: MCA CONFLICT

In the matter of: Writ petition under Article 226 of

the constitution if India read with

Sec.103 of the constitution of

Jammu and Kashmir for issuance of

appropriate writ, order or direction

as prayed for in the prayer clause

of the writ petition.

May it please your Lordships,

The petitioner most respectfully submits as under:-

1. That petitioner is a permanent resident of the State of J&K

as also citizens of India and thus, is entitled to invoke the

extra ordinary writ jurisdiction of this Hon’ble court for

enforcement of his legal, statutory and constitutional rights

that are guaranteed to him under the Constitution of India

and the Constitution of J&K and the laws made there

under.

2. That petitioner is a Graduate in Science who after having

completed his graduation was selected and appointed to

the post of teacher in District Udhampur on 07.12.1998.

That the petitioner obtaining permission from the

department vide order no DSEJ/Trg/8675-76 dtd

02-09-2004 and successfully completed M.Sc Computer

Science from Kurukshetra University campus through

Correspondence in the year 2003. Copies of the certificates

are enclosed herewith as Annexure A.

3. That the next promotional post to which petitioner was

eligible was that of Lecturer and as per The J&K

Education(Gazetted) Recruitment Rule SRO 83 dated

Page 5: MCA CONFLICT

07.04.1992 the qualification prescribed for the post of

Lecturer was Masters Degree in the relevant subject and

these post were to be filled 50% by direct recruitment and

50% from promotion. That the petitioner holding the degree

in MSc Computer Science was eligible to be considered

for promotion to the post of Lecturer in Computer Science.

Copy of relevant portion of SRO 83 dated 07.04.1992 is

enclosed herewith as Annexure B.

4. That vide Govt. order no 1301-Edu of 2003 dtd.

31.07.2003, posts of Lecturer in Computer Science were

created, and in the order it was specifically mentioned that

there would be a post of Lecturer in Computer Science in

each institution and as there were 30 High School

upgraded to the level of Higher Secondary Schools in the

state as per the order, therefore 30 post of Lecturers in

Computer Science were created. But as per the information

provided in the RTI by the respondent was that only 17

posts of the Lecturer in Computer Science exist and the

remaining 13 posts have not been mentioned by the

respondent and the reason for that best known to the

respondent. Copy of Govt. order no. 1301-Edu of 2003 dtd.

31.07.2003 is enclosed herewith as Annexure C.

5. That out of the total of 17 posts of Lecturer in Computer

Science created, 9 posts were referred to PSC vide

notification 6-PSC of 2008 dated 23.05.2008 for direct

recruitment. The essential qualification for the post of

Lecturer in Computer Science as per the notification was

Page 6: MCA CONFLICT

Masters Degree in the relevant subject in terms of The

J&K Education (Gazetted) Recruitment Rule SRO 83

dated 07.04.1992.The remaining 13 posts were not shown

by the respondent and the reason for that best known to

the respondent. Copy of this PSC notification 6-PSC of

2008 dated 23.05.2008 is enclosed herewith as Annexure

D.

6. That 8 posts of Lecturers created for in service candidates

who were to be promoted to the post of Lecturer on the

basis of their higher qualification i.e. MSc in Computer

Science as per The J&K Gazetted Recruitment Rule

SRO 83 dated 07.04.1992 . However vide Govt. order no.

32-Edu of 2009 dated 14.01.2009, 8 candidates were

promoted from in service category as in-charge Lecturer in

the discipline of Computer Science for a period of six

months or till the post are filled up was holding a degree of

MCA as per SRO 481 dated 30.12.2010 which was

created 2 years later violating the then existing The J&K

Education(Gazetted) Recruitment Rule SRO 83 dated

07.04.1992. The essential qualification is Master Degree

in relevant subject i.e. MSc Computer Science. Copy of

32-Edu of 2009 dated 14.01.2009 and a relevant portion of

SRO 481 dated 30.12.2010 and is enclosed here with as

Annexure E and F.

7. That the respondents created the staff for High and Higher

Secondary Schools upgraded during the year 2005-2006

and 2006-07, that vide Govt. order no 27-Edu of 2009

Page 7: MCA CONFLICT

dated 13.01.2009 accorded sanction for creation of staff of

various categories in the education department for 94

Higher Secondary Schools and 137 High Schools. Similarly

again vide Govt. order no.28-Edu.of 2009 dated

13.01.2009, sanction was accorded for creation of 200 post

of Lecturers for fifth subject, That a total of 79 posts of

lecturer in Computer Science were created. Copy of Govt

order is enclosed Annexure G and H respectively.

8. That a total of 79 posts of Lecturer in Computer Science

were created out of which 37 posts were referred to PSC

vide Notification no 7-PSC of 2009 dated 09.03.2009 for

direct recruitment. The essential qualification (EQ) the post

of Lecturer in Computer Science as per the notification

was Masters in Computer Application (MCA) from

recognized University or DOAECC “B” Level Course as

per The J&K Education(Gazetted) Recruitment Rule

SRO 481 dtd. 30.12.2010.The posts referred to the PSC

were also illegal and violation of the existing

Education(Gazetted) Rule that time i.e. SRO 83 dtd

07.04.1992; Copy of this notification is enclosed herewith

as Annexure I.

9. That again 42 posts of Lecturers were created for in service

candidates who were to be promoted to the post of

Lecturer on the basis of their higher qualification i.e. MSc in

Computer Science. However again vide order no. 151-Edu

of 2009 dated 02.03.2009, 10 candidates were promoted

from in service category as In-charge Lecturer in the

Page 8: MCA CONFLICT

Discipline of Computer Science for a period of six months

or till the posts are filled up, was holding a degree of MCA

as per SRO 481 dated 30.12.2010 which was not existing

that time and again violating the then existing The J&K

Gazette Recruitment Rule SRO 83 dated 7.4.1992. The

essential qualification is Master Degree in relevant subject

i.e. MSc Computer Science Computer Science. That

amongst these 10 candidates 1 candidate ( Sanjeev Kumar

, teacher HSS Salan, figuring at S.No.1 who was promoted

as Lecturer was holding a degree of Masters in Computer

Science i.e. MSc in Computer Science but even though his

name figured in the list he was not allowed to join and was

later not promoted to the post of lecturer for being a MSc

Computer Science .Copy of the order no. 151-Edu of 2009

dated 02.03.2009 herewith as Annexure J.

10.That vide Govt. order no. 102 Edu of 2008 dtd. 30.01.2008,

posts of Lecturer in Computer Science were created and

again the posts of Lecturers in Computer Science were

created vide Govt order no. 420 Edu of 2010 dated

29.04.2010 in 20 Higher Secondary Schools for which the

promotion are yet to be made. Photocopy of Govt. order

no. 102 Edu of 2008 dated 30.01.2008 and government

order no. 420 Edu of 2010 dated 29.04.2010 is enclosed

herewith as Annexure K and L.

11.That the petitioner represented against his non

consideration for the post of Lecturer in Computer Science

despite being eligible and holding the necessary

Page 9: MCA CONFLICT

qualification i.e. Master in Computer Science which is the

prescribed qualification under SRO 83 dated 07.04.1992

i.e. Master’s Degree in the relevant subject.

12.That in response to the representation the petitioner was

informed that qualification for promotion as Lecturer in

Computer Science is MCA and not Masters degree in

Computer Science. Therefore only those in service

candidates who hold a degree in MCA will be promoted to

the post of Lecturers.

13.That even though the petitioner seeks promotion, till date

his promotion has not materialized for the reasons best

known to respondents even though the petitioner is eligible

in terms of qualification prescribed for the post of Lecturer

in Computer Science as per The J&K Gazetted

Recruitment Rule SRO 83 dated 07.04.1992 which was

prevalent during the period of seeking promotion. However

his case has not been considered despite representation.

14.That the applicant vide his application under RTI sought the

letter no. EDU/ V/67/2006 dated 26.11.2008 regarding

Selection of the candidates against the post of Lecturer

vide Notification no. 6 PSC of 2008 dated 23.05.2008. The

J&K PSC vide its letter no PSC/RTI/2011/719 dtd.

03.02.2012 provided the information sought i.e. letter from

Govt. of Jammu and Kashmir Civil Sectt, Education

Department dated 26.11.2008 which clearly stated that

qualification for appointment/ promotion to the post of

Lecturers in all discipline except stenography as Masters

Page 10: MCA CONFLICT

degree in the relevant discipline in terms of The J&K

Education(Gazetted)Recruitment Rules 1992 . Therefore

it is not necessary to issue amendment in the existing rules

for incorporating any qualification for the post of Lecturers

separately in Computer Science. Copy of this letter no

PSC/RTI/2011/719 dated 03.02.2012 along with the letter

dated 26.11.2008 is enclosed herewith as Annexure M.

15.The PSC vide their notice dated 09.09.2011 informed all

the candidates that the candidates who had applied for the

post of Lecturer in Computer Science post and qualified the

screening test but had not been called for interview due to

their possession of degree in Masters in Computer

application(MCA) that only candidates possessing MSc in

Computer Science are eligible for the posts of Lecturer

(10+2) in Computer Science (2008) and candidates with

MCA are not eligible for the post of Lecturer in

Computer Science in accordance with the condition of

eligibility in the advertisement Notification No.6-PSC of

2008 dated 23.05.2008. Copy of notice dated 09.09.2011

is enclosed herewith as Annexure N.

16.That the petitioner was shocked to see that the Public

Service Commission had selected Mohd. Ayub Khan S/O

Ghulam Mohd. Khan R/O Damhall K.Pora Anantnag

vide its Notification 6 PSC of 2008 dated 23.05.2008 who

was the only eligible MSc Computer Science candidate

where as the candidates possessing MCA were ignored

and further adjusted by respondent vide Govt. order No

Page 11: MCA CONFLICT

Edu/V 1172/2011 dtd 25.11.2011. Copy of Notice

14.09.2011 and order No Edu/V 1172/2011 dtd 25.11.2011

are enclosed herewith as Annexure O and P.

17.That in reply to the information sought by one Shri Rajinder

under RTI, the PIO while submitting the information

provided that 17 posts were created in 2003 in the stream

of Lecturer in Computer Science out of which 9 were

referred to PSC for direct recruitment and 8 remained for

DPC, the qualification being Post Graduation in the

relevant subject. Similarly 79 post were created vide

orders dated 13.01.2009, out of which 37 posts were

referred to PSC and 40 remained for DPC and qualification

for these posts were as per SRO 481 dtd 30.12.2010 for

which the qualification is MCA or DOEACC B Level

Course. The department has utilized 8 posts under

promotional quota by elevating the eligible candidates vide

Govt. order no. 32 EDU of 2009 dtd 14.01.2009 and all the

candidates were considered for elevation on the basis of

MCA. Also 10 posts out of 40 were utilized under

promotional quota by elevating the eligible candidates vide

Govt. order no. 151 Edu of 2009 dtd 02.03.2009

and all the candidates were considered for elevation on the

basis of MCA. However one Mr Sanjeev Kumar was

elevated to the post of Lecturer in Govt order no 151 Edu of

2009 dtd 02.03.2009 was MSc in Computer Science and

not MCA. Copy of RTI Reply letter no Edu/V/RTI/10/2011

dtd 30.11.2011 is enclosed as Annexure Q.

Page 12: MCA CONFLICT

18.That again one Rajinder Kumar sought information with

regard to the facts under RTI Reply letter no

Edu/V/RTI/10/2011 dtd 30.11.2011 through a letter dtd

08.12.2011. The information was sought regarding the

posts created and advertised on 09.03.2009 but The J&K

Gazetted Service Recruitment rules were framed on

30.12.2010 and how it could be pre- implemented one

and half years earlier .Till date there is no reply to this

information sought by the person. Copy of this

application dated 08.12.2011 is annexed as Annexure R.

19.That the petitioner is aggrieved of the fact that the

petitioner’s candidature has been ignored for the post of

Lecturer in Computer Science from the year 2003, the post

became eligible despite the fact that he was qualified as

per SRO 83 dated 07.04.1992 and by selecting ineligible

persons by applying SRO 481 dated 30.12.2010 which

was not even in existence at the time when the post were

created and advertised and by selecting candidates on the

basis of the qualification of the MCA which was not the

essential qualification on the following grounds:-

a) Because the petitioner’s claim to these post of in charge

lecturer has been denied to them on the basis of not

possessing essential qualification of MCA or DOEACC

“B” level course which was not the mandate of SRO 83

dated 07.04.1992 which prescribed the essential

qualification for the post being Masters in the relevant

subject.

Page 13: MCA CONFLICT

b) Because the post of Lecturer in Computer Science

were created and advertised till the year 2009 as per

Govt. order no.1301 Edu of 2003 , 27 Edu of 2009 and

28 Edu of 2009 and the respondents arbitrarily and

illegally applied the qualification prescribed as per SRO

481 dated 30.12.2010 which was not even in

existence at the time of the creation and

advertisement of the post ignoring SRO 83 which

prescribed the relevant qualification.

c) Because all along the respondents have been justifying

the illegal promotion of the private respondents only on

the ground that they hold the essential qualification

whereas for the same post PSC has clarified that it is

only Masters in the relevant subject i.e. MSc

Computer Science which is the essential

qualification.

d) Because the respondents now ignoring the order of the

promotion of the private respondent which had clearly

specified that the private respondents are promoted for

the period of six months or till the posts are filled up on

regular basis whichever is earlier have allowed the

private respondents to continue illegally on the post

since 2009 and are now considering to appoint them

substantively on the same post ignoring the petitioner’s

superior claim to the said post.

e) Because by not appointing the petitioner to the post of

Lecturer, respondent has acted in a arbitrary manner

Page 14: MCA CONFLICT

violating Article 14 and 16 of the Constitution, affecting

the fundamental rights of the petitioner.

f) Because the respondents have all along have

maintained that the essential qualification to the post of

Lecturer in Computer Science was MCA or DOEACC B

Level course and it was only when the PSC selected

and informed vide its notice to the other candidate that

the essential qualification is MSc in Computer Science

and thus the candidates with MCA are not eligible

for the post of Lecturer (10 +2) Computer Science.

That the petitioners got the knowledge and approached

the respondents through RTI for the requisite

information and when the reply was provided only then

the petitioner was provided the relevant documents

justifying his case and therefore the petitioner

approached the Honorable Court.

g) Because the respondents are now bent upon confirming

the private respondents to the post of Lecturer which

they are holding on charge basis leaving the petitioner

no recourse but to approach this Honorable Court.

h) Because 50 post of lecturers are lying vacant for

in service candidates in the Department which has been

created since 2003 for which the petitioner is eligible to

be appointed.

i) Because the respondents have all along sought

verification of the document of the in- service candidate

to be considered for promotion who had the qualification

Page 15: MCA CONFLICT

of MCA or DOEACC B Level for the post of Lecturer in

Computer Science but never considered the petitioner

or other similarly situated candidates who were holding

Masters degree in Computer Science for the post of

Lecturer which was the essential qualification. Copy of

notification is enclosed herewith as Annexure S

20.That the petitioner has no efficacious remedy for the

redressal of his grievance as such the writ petition is

maintainable.

21.That the petitioner has not filed any other writ petition

before this Hon’ble Court or before any other court in the

country including the apex court, on the same cause of

action.

PRAYER:

It is, therefore, most respectfully prayed that in view of the

submissions made hereinabove and those to be urged at the time

of hearing, the Hon’ble Court may kindly be pleased to allow this

writ petition and issue a writ of certiorari quashing the Govt. order

no. 32 Edu of 2009 dtd 14.01.2009 and 151 Edu of 2009 dtd

02.03.2009 on the basis of which the private respondent were

placed as in-charge Lecturer in their own pay and grade in the

Discipline of Computer Science and further by a writ of

mandamus direct the respondents to consider the petitioner

eligible and senior and appoint him to the post of Lecturer in

Computer Science on the post created and lying vacant since the

year 2003 and or pass any other writ, order or direction, which

Page 16: MCA CONFLICT

the Hon’ble Court may deem fit in the facts and circumstances of

the case.

Petitioner

Through Counsel

Sindhu Sharma

(Advocate).

Garima Gupta

( Advocate)

Nisha Sharma

(Advocate)

Page 17: MCA CONFLICT

IN THE HIGH COURT OF JAMMU AND KASHMIR AT

JAMMU

Sanjay Kumar v/s State of J&K & Ors.

AFFIDAVIT

I, Sanjay Kumar age 38 yrs, S/o Sh. Gopal Dass R/o H.No.15

ward no.16 Chowk Chabutra Bazar Udhampur. do hereby state on

oath/ solemn affirmation that I state and submit that I have read

the petition and that the contents of para 1 to of the petition are

true to my personal knowledge and those of paras - are true

upon legal advice received by me which I believe to be true.

I solemnly swear/ affirm that this affidavit is true, no part of this is

false and nothing has been concealed.

DEPONENT

Page 18: MCA CONFLICT

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR

AT JAMMU.

Sanjay Kumar age 38 yrs

S/o Sh. Gopal Dass

R/o Ward No.16 H.No.15

Chowk Chabutra Bazar

Udhampur.

v/s

1. State of J&K

Through Commissioner Secretary

Civil Secretariat Srinagar

2. Director School Education

Jammu/Srinagar.

3. Sheikh Nazir Ahmed

I/C Lect in Computer Science

S/o Sheikh Mohammad Maqbool

HSS Behrampora Baramulla.

4. Sunil Kumar Pandit

I/C Lect in Computer Science

S/o Som Nath Pandita

Girls HSS Samba.

5. Virinder Kumar

I/C Lect in Computer Science

S/o Tilak Raj

HSS Domana.Jammu.

Page 19: MCA CONFLICT

6. Ravinder Singh

I/C Lect in Computer Science

S/o Baldev Singh

HSS(G) Mubarak Mandi Jammu.

7. Rajinder Kumar

I/C Lect in Computer Science

S/o Jagdish Chander

Boys HSS Udhampur.

8. Ghulam Abbas (RBA)

I/C Lect in Computer Science

S/o Mohi-ul-Din

BHSS Kathua.

9. Dorjay Wanchok (ST)

I/C Lect in Computer Science

S/o Dorjay Tsering

C/O Chief Education Officer Leh .

10.Ghar Singh

I/C Lect in Computer Science

S/o Baldev Dass

GHSS Bishnah.Jammu

11.Krishan Mohan Tharmat

I/C Lect in Computer Science

S/o Om Prakash Tharmat

Girls HSS Udhampur.

12.Shiv Raj Singh

I/C Lect in Computer Science

S/o Bishamber SinghHSS Jakh, Samba

Page 20: MCA CONFLICT

13.Omesh Gupta

I/C Lect in Computer Science

S/o Ved Prakash

SRML Jammu.

14.Mysoura Parveen

I/C Lect in Computer Science

W/o Ab. Latif

C/o Director School Education Jammu

15.Ghulam Ahmed Bhat

I/C Lect in Computer Science

S/o Mohammad Ramzan Bhat

GHSS Hatmulla Kupwara Srinagar.

16.Saloni Khajuria

I/C Lect in Computer Science

W/o Rakesh Balotra

SRML HSS Jammu.

17.Vikas Sudan

I/C Lect in Computer Science

S/o Bhagat Ram

HSS(B) Akhnoor Jammu.

18.Jeevan Singh (RBA)

I/C Lect in Computer Science

S/o Balwant Chand

HSS Ramnagar Ramnagar Udhampur.

Page 21: MCA CONFLICT

In the matter of: Application for the grant of Interim relief

May It Please Your Lordship,

The Petitioner most humbly submits as under:-

1. That the above titled writ petition has been filed by the

petitioner seeking quashment of the Govt order no.

32-Edu of 2009 dtd 14.01.2009 and 151 Edu of 2009

dated 02.03.2009 on the basis of which the private

respondent were illegally placed as in-charge Lecturer in

the Discipline of Computer Science and further a

direction to the respondents to consider the petitioner

eligible and senior and appoint him to the said post which is

lying vacant since the year 2003.

2. That the balance of convenience lies heavily in favour of

the petitioner and against the respondents.

3. That this petition is sure to succeed on merits and

petitioner will suffer irreparable loss and injury if this

petition is not allowed in his favour.

4. That for the sake of brevity all the averments of the writ

petition are adopted in this petition also.

Prayer:

It is therefore most respectfully prayed that in view of the

submissions made hereinabove and those to be urged at the time

of hearing, the Hon’ble Court may kindly be pleased to allow this

petition and direct the respondents to consider the petitioner for

the post of Lecturer in the discipline of Computer Science and

further direct the respondents not to make any regularization to

Page 22: MCA CONFLICT

the post of Lecturer in Computer Science except in accordance

with the qualification prescribed in SRO 83 dtd 07.04.1992 till this

writ petition is heard and finally decided and/ or pass any other

writ, order or direction, which the Hon’ble Court may deem fit in

the facts and circumstances of the case, in the interest of justice.

Petitioner

Through Counsel

Sindhu Sharma

(Advocate)

Garima Gupta & Nisha Raina

(Advocates)

Page 23: MCA CONFLICT

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

Sanjay Kumar v/s State of J&K & Ors.

Brief facts:-

That the petitioner was appointed as a teacher in the Education

Department in the year 1998.That various post of Lecturer in

Computer Science became available in the Department for which

the qualification prescribed as per The J&K Education(Gazetted)

Recruitment Rule 1992 i.e. SRO 83 dtd 07.04.1992 was

Master Degree in the relevant subject i.e MSc Computer

Science .That the petitioner having the qualification prescribed

under the SRO was eligible to be considered and appointed to the

said post of Lecturer in Computer Science because as many as

109 post were created out of which 54 posts were for the

in-service candidate. The petitioner despite being eligible was not

considered for the said post and instead candidates holding the

qualification of MCA/DOAECC “B” level as per the SRO 481 dtd

30.12.2010 which was not existent at that time were appointed

to the post of Lecturer and are now being considered for

regularization to the said post in contravention of the rules

prescribing the essential qualification governing the field. In

addition, the 37 posts of Lecturer in Computer Science referred to

the PSC by the respondent for direct recruitment notifying

MCA/DOAECC “B” level as essential qualification as per PSC

Notification 7 PSC of 2009 dtd 09.03.2009 was also inviolation of

the then existing recruitment SRO 83 dtd 07.04.1992. The

petitioner has no other means of redressal of his grievance.

Hence this writ petition.

Petitioner

Through Counsel

Sindhu Sharma

Page 24: MCA CONFLICT

(Advocate)

IN THE HIGH COURT OF JAMMU AND KASHMIR AT

JAMMU

Sanjay Kumar v/s State of J&K & Ors.

In the matter of: Index

__________________________________________________

Particulars Pages

1. Petition

2. Affidavit.

3. Annexure A:Copy of the certificates

4. Annexure B:Copy of relevant portion of SRO 83

5. Annexure C:Copy of Govt. Order No 1301-Edu of 2003

dtd 31.7.2003

6. Annexure D:Copy of the PSC notification 6-PSC of

2008 dtd 23.05.2008

7. Annexure E:Copy of Govt Order No 32-Edu of 2009

14.01.2009

8. Annexure F: Copy of the relevant portion of SRO481

9. Annexure G: Copy of the Govt.Order no.27-Edu of 2009

dtd 13.01.2009

10.Annexure H: Copy of the Govt.Order no.28-Edu of 2009

dtd 13.01.2009

11.Annexure I: Copy of the PSC Notification 7-PSC of

2009 dtd 09.03.2009

12.Annexure J: Copy of Govt Order No 151 Edu of 2009 dtd

dtd 02.03.2009

13.Annexure K: Copy of Govt Order No 102 Edu of 2008

dtd 30.01.2008

14.Annexure L: Copy of Govt Order No 420 Edu of 2010

dtd 29.04.2010

15.AnnexureM:Copy of PSC letter PSC/RTI/719 dtd

Page 25: MCA CONFLICT

03.02.2012

16.Annexure N: Copy of PSC Notice dtd 09.09.2011

17.Annexure O: Copy of PSC Notice dtd 14.09.2011

18.Annexure P: Copy of Govt Order No Edu/V 1172/2011

dtd 25.11.2011

19.Annexure Q: Copy of RTI Reply letter no

Edu/V/RTI/10/2011 dtd 30.11.2011

20.Annexure R: Copy of the letter dtd 08.12.2011seeking

clarification of the information given under

letter no Edu/V/RTI/10/2011 dtd 30.11.2011

21.Annexure S:

22.Application for the grant of interim relief

23.Affidavit

24. Vakalatnama

Petitioner

Through counsel

Sindhu Sharma

(Advocate)

Garima Gupta

(Advocate)