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| HC orders PSC to interview Ph.D degree holders after they produce certificates | | | Early Times Report
Srinagar, Jan 20: The state high court has directed Public Service Commission to interview Ph.D candidates who completed degrees before 2009 but only after they produce certificates conforming their degrees with university grants commission (minimum standards and procedure for award of Ph.D degrees regulations) 2009.
Hearing a petition by a number of candidates, a single bench of the court comprising Justice Ali Mohammad Magrey also directed the respective universities to issue certificates in favour of eligible candidates within a week.
The direction by the court followed submissions by the counsel for aggrieved candidates, advocate M Y Bhat that petitioners are entitled to benefit of exemption from written test as they have been awarded with Ph.D Degrees in accordance with university grants commission (minimum standards and procedure for award of Ph.D degrees regulations), 2009, and therefore the PSC was required to allow them to participate in selection process by conducting their interview along with all other eligible candidates.
He said that the petitioners had responded to advertisement notice (n0.09 PSC (DRP) of 2013 dated 23-5-2013), issued by J&K Public Service Commission against post of Assistant Professor in various disciplines.
The petitioners invited the court's attention to the degrees of doctors of philosophy granted to them by universities which according to them satisfy requirement of the regulations of 2009.
They submitted that there is no mechanism provided in SRO 124 of 2014 (amending J&K Education Gazetted College Service Recruitment rules 2008) and as such commission cannot determine the eligibility with regard to grant of benefit of exemption as such authority is only vested with the university concerned.
They also contended that there is no difficult for them to get the certificates with reference to having completed the courses in accordance with the regulations of 2009, from the concerned universities but it is time consuming affair.
"By the time we approaches respondent universities and obtain certificates, the process of interview will be complete," they said, adding that in order to avoid eventuality of non-consideration, they shall be allowed to compete in the selection process.
Advocate Azhar-ul-Amin, representing the J&KPSC, submitted that there was no difficulty for the commission to interview a candidate and accord him benefit of exemption, if he satisfies requirement provided under regulations of 2009.
Advocate Anees Ul Islam, counsel representing one of the universities from where the petitioners have obtained the degree, submitted that the regulations of 2009 have already been scrutinized and upheld by the Supreme Court.
"In order to do justice, it would be appreciated to protect the interest of the petitioners by showing indulgence at this stage," the court said and issued notice to the respondents with a direction to file replies.
"In the meantime, respondent (universities) are directed to consider the claim of petitioners for issuance of certificates with reference to having completed the Ph.D degrees in accordance with university grants commission (minimum standards and procedure for award of Ph.D degrees regulations), 2009," the court said and directed them to accord consideration and issue the certificates in the event petitioners are found eligible, within one week.
"The Commission on production of such certificates by petitioners shall give them exemption and conduct their interview notwithstanding closure of the date of interview," the court said and listed the petition for further consideration after four weeks.
It also directed the PSC that the decision with reference to merit obtained by the petitioners shall be kept in a sealed cover and produced before the court by next date of hearing. |
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