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DB overrules Single Bench judgment, directs Govt to proceed with process
Recruitment of 1651 Assistant Professors
10/29/2015 12:32:30 AM
Akshay Azad
Early Times Report
Jammu, Oct 28: In a major respite for thousands of aspirants for Assistant Professors' posts, the Division Bench of Jammu and Kashmir High Court stayed the order of single bench of Jammu court and Directed state government to go for recruitment as per the 2014 notification.
As per latest verdict of High Court's double bench, M.Phil is now no eligibility for Assistant Professor posts while the students having qualified Ph.D, NET or SLET would be eligible.
Sources informed Early Times that division bench of JK High Court chaired by Justice Ali Mohammad Magrey and Justice BS Walia while hearing the Letters Patent Appeal (LPA) filed by Higher Education Department, stayed the judgment of single bench of High Court chaired by Justice Tashi Rabastan, who had upheld M.Phil qualification as the eligibility for the post of Assistant Professors.
While staying the judgment, the HC division bench also gave verdict directing state government to go for recruitment as per notification of 2014, which was stayed by High Court, following appeal filed by M.Phil candidates.
It is also learnt that Division Bench has also directed government to kept 33 posts out of 1659 reserved till the final verdict of LPA came. The Division Bench also kept November 16 as next date of hearing for pronouncing the final verdict.
Secretary of Jammu and Kashmir Public Service Commission (JKPSC) Shakeel-Ur-Rehman said that though they have not received the copy of judgment but it has been learnt that Division Bench has asked to go for recruitment.
"After receiving the copy of judgment, we will take the decision. If court will have directed to go for recruitment, then after opening of Darbar move in Jammu, we will issue notification for conducting interviews", he said.
On being asked when the conducting of interviews will be started, he said that they were fully prepared and most probably in the second week of November, interviews would be conducted.
On being asked, if those candidates who have qualified NET, SLET, Ph.D after notification of 2014, they would be allowed, he replied in negative and said that those who had already filed the forms, only those would be allowed and not the new ones.
Pertinently, according to State cabinet decision of August 3, 2012, an order vide 317-HE of 2012 was issued according to which 1129 posts of Assistant Professors were created in various degree colleges of the state.
On January 28, 2013 the department of Higher Education had forwarded the posts to PSC authorities with subject wise distribution for advertisement, but PSC had raised a query over the validity of degrees obtained by students from distance mode.
Moreover, when the query was replied by Higher Education department, the PSC as per notification number 09-PSC (dr-p) of 2013, dated 23-5-2013 had advertised 1651 posts of Assistant Professors.
Following the UGC regulation which made National Eligibility Test (NET) and State Level Eligibility Test (SLET) as minimum eligibility conditions for appointment of Assistant Professors in colleges and Universities after which the Jammu and Kashmir Higher Education department had also amended the recruitment rules as per UGC regulations.
Later, on March 19, 2015, the Supreme Court of India had upheld the University Grants Commission (UGC) regulation on minimum qualifications required for the appointment of teachers in universities and Colleges affiliated to it.
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