H.A.

SIDDIQUI CHAMBER: -
LL.B LL.M
ADVOCATE House No. JMC 831
(Former Sr. AAG) Mohalla Ramzan Pura
HIGH COURT OF J&K Eidgah, Janipur Colony,
AND LADAKH AT JAMMU Jammu-180007.
(M) 94191-15064

Ref. No. Ref. No. HAS/12/2022 Dated- 24-

12-2022
LEGAL NOTICE

To,

The Principal Secretary to Govt.

School Education Department
Civil Secretariat, Jammu /Srinagar

Subject: legal notice regarding considering Master of Science

(Environmental Sciences) qualification awarded by
Uttarakhand Open University beginning from session
July 2019 onwards to 2022-23 for purposes of
seniority and promotion in the stream of M.Sc.
(Environmental Sciences).

Sir,

Instructed by Ashwani Kumar S/o Shri Soom Nath Pandita R/o

Trilokpur Jammu, Ali Mohd Thakur S/o Shri Abdul Ghani R/o
Lah Rajouri, Neeru Kumar Dhar D/o Shri Pyare lal Dhar R/o
Nagrota Jammu, Mansoor Ahmed Malik S/o Shri Ali Mohd
Malik R/o Pulwama Kashmir, Jawaid Ayaiz Rather S/o Shri
Abdul Rashid Rather R/o Behrote Distt Rajouri, Altaf Ahmed
Magrey S/o Shri Sona Ullah Magrey R/o Kupwara, Sunil Singh
S/O Rashpal Singh R/O Mohra P/O Draj Tehsil Kotranka Distt.
Rajouri & Manzoor Hussain Mir S/o Shri Ghulam Mohmad Mir
 R/o Ganderbal hereinafter referred to as my clients, I am to
serve upon you the following legal notice:-

1. Whereas my clients are serving as masters/teachers in School

Education Department and have acquired their M.Sc.

(Environmental Sciences) from Uttarakhand Open University

after obtaining prior permission from the department to pursue

and pass the said course strictly in terms of Govt. order

No.252-HE of 2012 dated 30-05-2012 read with Govt. order

No.940-Edu of 22017 dated 17-11-2017.

2. Whereas University Grants Commission Distance Education

Bureau vide their notification No.F.No.74-4/2018(DEB-I) dated

27-06-2019 has granted the permission to the higher education

institution for academic year 2019-20 and onwards for

programmes through the open and distance learning. In terms

of the said notification in the state of Uttarakhand,

Uttarakhand Open University (State Open University) is

enlisted at S.No.9 with as many as eight courses including

M.Sc. (Environmental Sciences) granting it recognition from

2019-20 onwards to 2022-23. The my clients herein have

completed their M.Sc. (Environmental Sciences) from the said

 university during this period after obtaining prior permission of

the department.

3. Whereas the University Grants Commission Distance

Education Bureau vide their notification No.F.No.80-

3/2017(DEB-IV) dated 07-08-2019 address to Registrar

Uttarakhand open University, Teen Pani Bypass, Near

Transport Nagar, P.O. Industrial Area, Hadwani, Nainital,

Uttarakhand has informed in Paragraph 7 about programme

wise recognition status based on appeal /reversal of earlier

decision (Programme Recognized) (Recognition status Uploaded

on UGC website on 27-06-2019 as per approval of the

competent authority) in the following tabulated form:

S.No. Name of the Programme Period of

Recognition (if

Applicable)

1 Master of science (Botany)

2 Master of science (Chemistry)

2019-20 (academic
3 M.Sc. (Environmental Sciences)
session beginning
 4 Master of Science (Geography) July 2019 and

onwards) to 2022-
5 Master of Science (Geography)
23
6 Master of Science (Mathematics)

7 Master of Science (Physics)

8 Master of Science (Zoology)

4. Whereas at S.No.3 M.Sc. (Environmental Sciences) is enlisted

setting at rest all the doubts about the said coursehaving been

recognized by university grants commission from academic

session 2019-20 onwards upto 2022-23.

5. Whereas the position with regard to the institution of

mechanism in terms of Govt. order No.252-HE of 2012 dated

30-05-2012 regarding degrees obtained through “Distance

Mode” was put in place vide Govt. order No.940-Edu of 2017

dated 17-11-2017. In terms of the said Govt. order in Clause-

10 it is provided as under:-

“the in-service candidates, who have obtained their

degrees through Distance mode from the UGC recognized

Universities for the course approved by DEC/AICTE shall have

 to produce bonafide certificate in Form ‘A’ appended to this

order, before concerned directors of School Education”, to seek

any benefit in seniority /promotion.

6. Whereas my clients acquired the higher education in M.Sc.

(Environmental Sciences) with a view to enhance their utility in

the Education Department and to further equip the department

with highly qualified teachers in environmental sciences, so as

to strengthen the education department on the one hand and

so as to improve upon their academic excellence on the other

hand. Further all my clients have obtained BONAFIDE

CERTIFICATE from the concerned Universities as envisaged in

above mentioned govt. order.

7. Whereas the qualification acquired by my clients is from a UGC

recognized institution after fulfilling the norms of the University

with due permission from the department with intervals during

their practical /academic tests in the said university.

8. Whereas my clients have come across Govt. order No.2087-JK

(Edu) of 2022 dated 07-10-2022 passed with reference to CCP

No.2555/2020, CCP No.183/2022, CCP No.200/2022 titled

 Rakesh Kumar and ors. V/s Sh.Asgar Hussain Samoon and ors

in WP(C)No.,3270/20198 titled Manoj Sharma & Ors. V/s State

of J&K & Ors. and WP (C) No.170/2020 titled SajadHussain

Shah & Ors. V/s U.T. of J&K & Ors., where under the request

of some candidates for consideration of their higher

qualification have been rejected inter-alia on the grounds that

the petitioners obtained their degrees without obtaining proper

permission from the competent authority. Accordingly their

prayer for inclusion in the seniority list and further prayer for

considering their promotion in Environmental Sciences has

been rejected.

9. Whereas my clients herein have completed their M.SC in EVS

after fulfilling department specific mechanism as envisaged in

Govt.order 940 edu. of 2017 dated: 17/11/2017.

10. Whereas my clients submit that their cases may not be

considered on the same lines in view of the following differential

points:

a) That my clients herein have completed their M.Sc. in

Environmental Sciences after obtaining prior permission

 from the department, hence their qualification merits full

consideration for purposes of seniority and promotion.

b) The degrees in Environmental Sciences as obtained by my

clients have been granted by University whose courses are

duly recognized by the University grant commission and

other statutory bodies.

c) Whereas the discipline of environmental sciences and its

courses as are run by University Grants Commission

Distance Education Bureau are recognized throughout the

country for all purposes and cannot be ignored/overlooked,

so far as the degrees awarded by the Uttarakhand Open

University is concerned.

d) Whereas my clients have fully complied the terms and

conditions of Govt. order No.252-HE of 2012 dated 30-05-

2012 and the terms and conditions of Govt. No.940-Edu of

2017 dated 17-11-2017 and are entitled to be included in

the seniority list in the discipline of environmental sciences

(in the cadre of Masters) and are further entitled to be

promoted as Lecturer in the said discipline based on their

 qualification which has been duly recognized by University

Grant Commission and for which my clients have obtained

prior permission from the department.

e) Whereas vide govt order No. 2189-JK(Edu) of 2022 dated

16.12.2022, placement of some of the incharge lecturers in

the discipline of EVS and other disciplines have been

withdrawn ab-initio on the grounds enumerated in the said

order.

f) Whereas all those grounds as are forming basis of the said

order are not applicable in the case of my clients.

g) Whereas the issue if equivalence by university of

Jammu/Kashmir have wrongly been interpreted and

construed in as much as the decrees of a university created

by the act of the state /parliament legislation is as valid as a

degree awarded by university of Jammu/kashmir. The view

taken by the university of Jammu/Kashmir cannot

invalidate the degrees obtained by clients on this count

alone.
 h) Whereas the judgments relied upon have not been properly

appreciated and apploied as a slight difference in the factual

matrix of a case changes the complexion of the judgment. It

is submitted that there is no parity between my clients and

the petitioners who suffered the judgments referred to in govt

order No. 2189-JK(Edu) of 2022 dated 16.12.2022.

I therefore on behalf of my clients through

the medium of this notice hereby call upon you to

consider the degrees obtained by my clients in the

discipline of EVS having been obtained validly and

further hold them entitle to be included in the seniority

list and consider them for promotion as lecturer in the

discipline of EVS against available vacancies within a

period of 4 weeks failing which my clients shall be

compelled to approach the appropriate tribunal/CAT.

A copy of this notice is retained in my office chamber for reference and

record.

With regards

Yours sincerely

Place – Jammu.

Dated- -12-2022
 H.A. Siddiqui
Advocate
High Court of J & K and
Ladakh at Jammu.