CAT - ['Jammu']

Graduation from a recognized university is a mandatory prerequisite for transition to the Teacher Grade-II cadre.

Mohd Shakil vs Directorate Of School Education Ut Of J&k

CAT - ['Jammu']JUDGMENT: April 21, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants were originally engaged as Education Volunteers/Rehbar-e-Taleem (ReT) teachers and subsequently regularized as Regularized Rehbar-e-Taleem (RReT) teachers in District Rajouri.

Source reference: p. 15-16

Pursuant to a State Administrative Council decision dated 07.12.2018 and Government Order (G.O.) No. 20-Edu of 2019, the government created a new cadre of "Teacher Grade-II" for RReTs possessing graduation from a recognized university.

Source reference: p. 17-18

The applicants sought placement in this cadre, claiming they were graduates and entitled to the higher pay scale (level-5) from 01.09.2018.

Source reference: p. 6-14

The respondents withheld their cases on the ground that the authenticity and recognition of the applicants' educational institutions—specifically Bhartiya Shiksha Parishad (U.P.) and EIILM University (Sikkim)—were under doubt and pending adjudication.

Source reference: p. 21-23
02

Issues

1. Whether the applicants established that they possessed the mandatory qualification of graduation from a recognized university as a prerequisite for transition to the Teacher Grade-II cadre.

Source reference: p. 27, para. 8

2. Whether the applicants can claim parity with other teachers whose qualifications were obtained from undisputed recognized institutions.

Source reference: p. 29, para. 12
03

Law Applied

The court primarily applied Government Order No. 20-Edu of 2019 dated 22.01.2019 and G.O. No. 23-Edu of 2019, which established the Teacher Grade-II cadre specifically for RReTs with degrees from recognized universities.

Source reference: p. 17-18, 27

Amended Recruitment Rules (SRO 529 of 2019) which formalized this cadre.

Source reference: p. 18

The principle of administrative law that eligibility must be judged strictly according to the statutory rules at the time of consideration, and that past administrative indulgence (like regularization or deputation for B.Ed.) does not create a vested right to future benefits if basic eligibility is not met.

Source reference: p. 29, para. 11

The principle that equality under Article 14 of the Constitution is only available to those "similarly situated".

Source reference: p. 29, para. 12
04

Reasoning

The Tribunal found that transition to Teacher Grade-II was not an automatic right but was subject to screening and verification of academic credentials.

Source reference: p. 21

Regarding applicants from Bhartiya Shiksha Parishad (U.P.), the court noted that internal verification letters from the institution did not equate to statutory recognition.

Source reference: p. 27, para. 9

Regarding applicants from EIILM University (Sikkim), the Tribunal observed from UGC data that the university was closed in 2015 and had no approval for the off-campus/study centers through which the applicants obtained their degrees.

Source reference: p. 28, para. 10

The court reasoned that since the degrees were under "serious cloud," the departmental committees were justified in not finalizing the placements.

Source reference: p. 27-28

It rejected the applicants' parity argument, holding that they were not similarly situated to candidates with degrees from undisputed institutions like MANUU or JKBOSE.

Source reference: p. 23, 29
05

Holding

The Tribunal answered the core issue in the negative, holding that the applicants failed to discharge the burden of proving they were graduates from recognized universities.

The four Original Applications were dismissed; however, if any applicant secures a clear declaration of their degree's validity from a competent statutory authority or court in the future, they may pursue legal remedies available at that time.

Source reference: p. 30, para. 14; p. 31, para. 15
CAT - ['Jammu']

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Mohd ShakilvsDirectorate Of School Education Ut Of J&k

CAT - ['Jammu'] · April 21, 2026

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