TMI Blog1971 (2) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... vice in 1952 as a teacher in the Government High School, Poonch. He had passed the Bachelor of Teaching Examination and was given the grade of ₹ 80-8-200. This grade, which was of a non-gazetted post was later revised sometimes before 1964 to ₹ 150-500. The gazetted post carried a grade of ₹ 300- 600, Petitioner No. 2 entered service of the erstwhile State of Jammu Kashmir in 1943 as teacher in the Government School, Tregham. He later on passed the examinations of Bachelor of Teaching and the Master of Arts and was selected in July 1968 for teaching in the Higher Secondary School. Petitioners 3 to 10 were trained graduates holding degrees of Bachelor of Education. Petitioners 3,4,6,7,9, and 10 had also passed the Master of Arts examination and with the exception of petitioner No. 10 were selected for teaching in Higher Secondary Schools in July 1968. All the teachers and other officers of the Education Department of the State were governed by the Jammu Kashmir Civil Services (Classification, Control and Appeals) Rule 1956 which were promulgated on June 14, 1956. Rule 9 relates to first. appointment to a service or class. According to rule 19 in making the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h. This Court called for a report from the High Court on the question whether the Muslims of the entire State of Jammu Kashmir and the Hindus of the Jammu Province constituted backward class in the sense explained in M. R. Balaji Ors. v. The State of Mysore( [1963] Suppi. I S.C.R. 439) and also whether they were not adequatly represented in the services of the State. (See Triloki Nath Tiku Anr. v. State of Jammu Kashmir Ors. ([1967] 2 S.C.R.265 ) After the report was received it was found that the High Court did not record its opinion on the evidence. But this Court proceeded to give its decision on the material before it. This is what was observed at page 105 (1969) 1 S.C.R. 1031 by Shah, J. Article 16 in the first instance by- cl.(2) prohibits discrimination on the ground, inter alia, of religion, race, caste, place of birth residence and permits and exception to be made in the matter of reservation in favour of backward classes of citizens. The expression ward class is not used as synonymous with b caste or back-ward community . The members of an entire caste or community may in the social, economic and educational scale of values at a given time be backward an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y were allowed to work against the posts they were holding prior to their reversion on temporary basis. Numerous copies of the orders which have been annexed to the petition show that this was the common pattern that was followed. A new nomenclature, was evolved for the post of Head Masters. They were called Teachersin-charge. They were to get the same salary which they were getting when they were in the gazetted cadre of ₹ 300-600. For instance, if A was working as Head Master in the gazetted post and was drawing a salary of ₹ 300/- per month according to. the scale of ₹ 360-600 he was stated to have been adjusted in his own grade and on his own pay i.e.,, in the grade of ₹ 150-500. He was still to get a salary of ₹ 350/- which he would not have got if he had originally not been promoted to the gazetted cadre. In other words although such a teacher was brought into the non-gazetted cadre from the gazetted grade his emoluments and his posting as Head of an institution were not affected. It is not disputed that ordinarily he could not have been appointed to that post being far junior to the petitioners according to the seniority list of the non-g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der him in the same school, Masoodi was drawing a salary above ₹ 350/per month whereas the two Kashmiri Pandit teachers were drawing ,only ₹ 300/- though both of them were senior to him and were not in the same grade of ₹ 150-500 to which Masoodi is stated to have been reverted. Similarly those teachers who were given promotions after the appointments on communal basis had been struck down had been promoted following the same rule. In para 22 an instance is given of Ghulam Mohiuddin Wani who had been promoted as Teacher-in-Charge High School Shogapor,. It is stated that his name did not appear in the seniority list whereas Triloki Nath Kaul was much senior to him but was working as a teacher under him although the salary which Kaul was getting was ₹ 250/- per month and the salary which Wani was drawing was only ₹ 210/- per month. In the return respondents 1 and 2 have not contradicted the facts stated in para 20 of the petition but have taken certain pleas of general nature and of legal character. Similarly with regard to para 22 it has been stated inter alia in the return As regards the individual cases referred to in para 22 of the writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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