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HC directs PSC to fill up 1289 posts
4/9/2015 11:17:31 PM
Early Times Report

Srinagar, Apr 9: The state high court has directed Public Service Commission (PSC) to go ahead with the selection of 1289 assistant professors in different disciplines for degree colleges in Jammu and Kashmir.
The PSC had invited applications from eligible candidates to fill up 1289 posts of Assistant Professors in 96 different disciplines in various degree colleges in the state. The selection process was to be undertaken in accordance with J&K Education (Gazetted) College service recruitment rules 2008 notified vide SRO-423. In terms of the SRO, a candidate with MPhil Degree would be eligible for the advertised position even if he had not qualified NET/SLET/SET.
However, the government in May 2013 deleted M.Phil from the 2008 rules, as such a candidate with M.Phil would not be eligible for the post unless he had qualified NET/SLET/SET.
It was challenged by petitioners, claiming at the time of the publication of the advertisement notice (09-PSC(DR-P) of 2013 dated 23 May 2013), they had to their credit M.Phil degree and notwithstanding the government order, they were eligible for the posts.
"The competent authority would be well within its powers to change eligibility criteria after the advertisement notice. It may thereafter re-advertise the post now prescribing the changed eligibility criteria," a bench of Justice Hasnain Massodi said, dismissing petition filed by aggrieved candidates against the PSC's fresh criteria.
"The candidates who responded to the earlier notice and become ineligible under the new advertisement notice cannot insist that their eligibility should be assessed at the touchstone of the old and repealed recruitment rules and they be allowed to participate in the selection process," it said. The only exception, bench said, would be where mala fides are alleged and substantiated on part of the employer or selection body in taking such decision.
While observing that PSC has taken pains to explain the background in which NET/SLET/SET was required in case of candidates with MPhil, the court said that the explanation given sounds convincing and the exercise of amendment is not tainted with any malafides. "The Commission shall proceed with the selection process so that 1289 vacancies are filled up with due dispatch," the court said.
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