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Petitions seeking quashment of exclusion of M Phil qualification Asstt Prof disposed off 6/11/2015 11:12:29 PM Early Times Report Jammu, June11: Justice Tashi Rabstan today disposed of bunch of petitions seeking declaration of SRO 124 of 2014 dtd 21/04/2014 issued by the Secretary to Government, Higher Education Department as null and void to the extent it deletes/withdraws the earlier eligibility qualification of M Phil for under graduate level teaching as has been prescribed in Schedule-II, Clause IV (A) (i) of SRO 423 dtd 23/12/2008 known as "Jammu and Kashmir Education (Gazetted) College Service Recruitment Rules, 2008. While disposing of bunch of petitions, Justice Tashi Rabstan observed that It is also specific stand of respondents that even after passing of judgment dated 03.10.2013 in SWP Nos.1288/2013 and 1400/2013, it could not act upon Notification dated 23/05/2013 for filling up 1289 vacancies of Assistant Professor in view of eligibility norms prescribed by the UGC. Therefore, the State amended the Rules of 2008 and notified the same vide SRO 124 dtd 21/04/2014. The Higher Education Department, thereafter, vide communication dated 16/05/2014 withdrew 1289 vacancies of Assistant Professors advertised by the PSC vide Notification dated 23/05/2013 and then issued fresh notification on 29/05/2014 for filling up 1651 vacancies of Assistant Professors. High Court further observed that it is very strange that on one hand the respondents did not comply with the judgment dtd 03/10/2013 on the pretext of being bound by the eligibility norms prescribed by the UGC and on the other hand, issued Notification No.22-PSC(DR-P) of 2013 dtd 16/12/2013 for filling up 42 vacancies of Librarian and 48 vacancies of Physical Training Instructor in the Higher Education Department, thereby allowing the candidates with M. Phil qualification to also apply for the said posts, that too when six and a half months ago the Government itself had issued Order No.254-HE of 2013 dated 21.05.2013 deleting the qualification of M. Phil from the Rules of 2008 in view of UGC regulations on minimum qualifications for appointment of Assistant Professors/ Physical Training Instructors/Librarians in Colleges. Court also observed that even as per own admission of respondents, the University Grants Commission had already deleted the qualification of M. Phil from the eligibility zone for these three service cadres on 10/12th October, 2012. But, despite this, not only 90 vacancies of Librarian and Physical Training Instructor came to be advertised by the respondents on 16/12/2013, but the same came to be filled up from amongst the candidates possessing M. Phil degrees along with the candidates possessing other eligibility conditions, as have been prescribed in the Rules of 2008. Thus, it is not understandable as to what prompted the respondents not to adhere to the UGC guidelines and fill up the vacancies of Librarian and Physical Training Instructor, when they themselves did not fill up 1289 vacancies of Assistant Professor even after issuance of direction by this Court on 03/10/2013 (supra) on the pretext of UGC regulations on minimum qualifications. On this aspect, the respondents, for obvious reasons, have said nothing in their objections to counter the stand of petitioners. It is not only discriminatory, but clearly speaks arbitrary exercise of powers and malafide act on the part of respondents, besides being violation of Articles 14 & 16 of the Constitution of India. With these observations, Justice Tashi Rabstan allowed all the petitions with the observations that those who had to their credit M Phil Degrees prior to the coming into force the amended Rules of 2008 would be eligible to be considered for appointment as Assistant Professors in terms of the Rules of 2008 notified vide SRO 423. Thus, it is held that the vacancies which have arisen prior to the coming into force the amended Rules of 2008 be filled up in terms of SRO 423, whereas the vacancies that have occurred thereafter be filled up under the amended Rules of 2008 in terms of SRO 124 dated 21/04/2014. Let this exercise be completed within a period of three months from today. The petitioners have sought quashing of the decision of exclusion of M Phil qualification from the prescribed qualification for the post of Assistant Professor as advertised vide Advertisement No.12-PSC(DR-P) of 2014 dtd 29/05/2014 issued by the Secretary, J&K Public Service Commission, rendering them ineligible to apply for the said post.   Share This News with Your Friends on Social Network     Comment on this Story

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