Central Administrative Tribunal - Jammu
Vijay Singh Sen vs Higher Education Department on 31 December, 2025
:: 1 :: O.A. No. 1460/2024
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 1460/2024
Reserved on:- 04.11.2025
Pronounced on: - 31.12.2025
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Vijay Singh Sen Age 31 years S/o Sh. Lassu Ram Sen R/o Boma
Palmar Tehsil and District Kishtwar.
2. Ayushi Kotwal Age 31 years D/o Amandeep Kotwal R/o H.No 29
Lane No. 01, Block-A, Near Petrol Pump Roop Nagar, Enclave
District Jammu.
3. Malik Aamir Nisar Age 34 years S/o Malik Nisar Ahmed R/o
MalikpuraVerinag Bona Gund District Anantnag.
4. ShiwalikSambyal Age 26 years D/o Sh. Sunil Singh R/o Mandi
Gurgalla District Samba.
5. Abrar Ali Age 35 years S/o Gulam Nabi Sheikh R/o Mandir Bazar
Bhaderwah, District Doda.
6. Megha Raina Age 35 years D/o Omkar Nath Raina R/o H.No 380,
Rehari Colony, Jammu.
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7. Sachin Kumar Age 28 years D/o Sh. Mukhtiar Chand R/o District
Kathua.
8. Minakshi Sharma Age 38 year D/o Ramesh Sharma R/o 1761-F,
Gandhi Nagar, Jammu .
9. Diksha Sambyal Age 29 years D/o Devinder Singh Sambyal R/o
House No. 6, Green Enclave Patta Paloura, .. Opposite Head Quarter
BSF, Jammu-180002.
10.Parul Gupta Age 30 years D/o Sh. Narinder Gupta R/o H.No 45,
Ward No. 05, Rajeev Colony, Bari Brahmana, District Samba.
11.Shallu Kotwal Age 33 years D/o Nagesh Kotwal R/o Sarol Bagh,
Bhaderwah District Doda.
12.Umar Bashir Age 29 years S/o Bashir Ahmed Gaine R/o Badroo
Yaripora District Kulgam.
13.Rachit Kumar Gupta Age 34 years S/o Raman Kumar Gupta R/o
Vasuki Vihar, Rainda Road Bhaderwah District Doda.
14.Sakshi Gupta Age 27 years D/o Sanjay Gupta R/o H.No 160 Sector-
2, JDA Housing Colony, Upper Roop Nagar, Jammu.
15.Sneha Choudhary Age 30 years D/o Romesh Chander R/o Chak
Alawal Langotian District Jammu.
...Applicants
(By Advocate: - Mr. Sumit Moza)
VERSUS
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1. Union Territory of J&K Through Principal Secretary to Government
Higher Education Department Government of J&K Civil Secretariat
Jammu/ Srinagar-180001. ([email protected])
2. Secretary Jammu and Kashmir Public Service Commission Resham
Ghar Colony, Bakshi Nagar, Jammu-180001.
([email protected] )
...Respondents.
(By Advocate: - Mr. Sudesh Magotra, ld. A.A.G., Mr. F A Natnoo)
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) "Commanding and directing the respondents to quash the notification Bearing No. PSC/Exam/S/2024/67 Dated 05.11.2024 to the extent the respondent No.2 has issued a list of candidates for the oral test/viva voce for the post of Assistant Professor (Computer Applications) in the Higher Education Department on the basis of the written test held on 29.08.2024 as such candidates are ineligible having done M.Tech and do not possess the relevant qualification of masters in Computer application, and the same is in direct contravention to the Jammu and Kashmir (Gazetted) College Service Recruitment Rules, 2008 notified vide SRO 423 of 2008 read with SRO 124 dated 21.04.2014.
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b) Commanding and directing the respondents not to conduct interview of shortlisted candidates in terms of impugned notification dated 05.11.2024 as some of the candidates shortlisted for viva voce/ oral test are ineligible in terms of Jammu and Kashmir (Gazetted) College Service Recruitment Rules, 2008 notified vide SRO 423 of 2008 read with SRO 124 dated 21.04.2014 and consequently re-frame the list of shortlisted candidates eligible to appear for viva voce/oral test by calling such candidates who are next in merit in the ratio of 1:3, in terms of Jammu and Kashmir (Gazetted) College Service Recruitment Rules, 2008 notified vide SRO 423 of 2008 read with SRO 124 dated 21.04.2014, for the post of Assistant Professor (Computer Applications).
c) Commanding and directing the respondents to place the applicants in the list of candidates to be invited for viva voce/oral test for the post of Assistant Professor (Computer Applications) in the Higher Education Department as the applicants are eligible being possessed of Masters in Computer HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 6 :: O.A. No. 1460/2024 Application and are to be appointed to the post of Assistant Professor in terms of the Jammu and Kashmir (Gazetted) College Service Recruitment Rules, 2008.
d) Any other order or direction, which this Hon'ble Tribunal may deem fit or proper in the facts and circumstances of the case.
2. The facts of the case as averred by the applicants in their pleadings, are as follows: -
a) The applicants are qualified candidates possessing Master's Degree in Computer Applications (MCA) obtained from recognized Universities, namely the University of Jammu, Guru Jambheshwar University of Science and Technology, Hisar, Haryana, and the University of Kashmir. They claim to be fully eligible for appointment to the post of Assistant Professor (Computer Applications) under the Higher Education Department, Union Territory of Jammu & Kashmir.
b) Respondent No.2 issued Advertisement Notification No. 06-
PSC(DR-P) of 2023 dated 01.03.2023, inviting online applications from eligible domiciles of the UT of J&K for HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 7 :: O.A. No. 1460/2024 appointment to 285 posts of Assistant Professor in various disciplines, including Computer Applications, in Government Degree Colleges. The recruitment was to be governed by the Jammu and Kashmir (Gazetted) College Service Recruitment Rules, 2008, notified vide SRO-423 of 2008, as amended by SRO-124 dated 21.04.2014, read with the JKPSC (Business & Procedure) Rules, 2021.
c) Under the applicable Recruitment Rules, the post of Assistant Professor is a direct recruitment post, and the minimum prescribed qualification is a Master's Degree in the relevant subject with the required percentage, along with NET/SLET/SET qualification. According to the applicants, for the discipline of Computer Applications, the relevant subject is Computer Applications, and not Computer Science or Engineering streams.
d) The applicants applied pursuant to the aforesaid advertisement and were found eligible to appear in the written examination. After extensions of time for submission of applications and HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 8 :: O.A. No. 1460/2024 rescheduling of examinations, the written examination for Assistant Professor (Computer Applications) was eventually conducted afresh on 29.08.2024, following cancellation of an earlier examination due to alleged discrepancies in the question paper.
e) The result of the written examination was declared vide Notification No. PSC/Exam/S/2024/67 dated 05.11.2024, whereby candidates were shortlisted for viva-voce/oral test in the ratio prescribed under the Rules.
f) The grievance of the applicants is that several candidates shortlisted for viva-voce possess M.Tech degrees in Computer Science / Computer Science & Engineering / allied streams, which, according to the applicants, do not constitute the prescribed qualification of Master's Degree in Computer Applications under SRO-124 of 2014.
g) It is asserted that earlier, an Equivalence Committee constituted by the Higher Education Department had examined similar issues and, on previous occasions, excluded M.Tech degree HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 9 :: O.A. No. 1460/2024 holders from consideration for the post of Assistant Professor (Computer Applications). Reliance is placed upon earlier communications and decisions, including a notice dated 09.07.2021, wherein such candidates were declared ineligible.
h) The applicants allege arbitrariness, deviation from Recruitment Rules, and discriminatory treatment in the issuance of the impugned shortlist dated 05.11.2024, contending that eligible MCA candidates, including the applicants, have been excluded from the zone of consideration, while ineligible candidates have been favoured.
i) On these premises, the applicants seek quashment of the impugned notification to the extent it shortlists allegedly ineligible candidates, a restraint on conducting interviews on the basis of such list, and issuance of directions to re-frame the shortlist strictly in accordance with the Recruitment Rules by including eligible MCA degree holders.
3. The respondents have filed their written statement wherein they have averred as follows: -
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a) The respondents have filed their written statement raising preliminary objections to the maintainability of the Original Application. It is contended that the applicants have failed to demonstrate infringement of any legal or statutory right and, therefore, the OA is liable to be dismissed at the threshold.
b) It is further objected that the applicants have challenged the shortlist issued vide Notification dated 05.11.2024 on the ground of alleged ineligibility of certain shortlisted candidates, yet no such candidate has been impleaded as a party respondent, rendering the OA defective for non-joinder of necessary parties.
c) On facts, it is submitted that the Higher Education Department, through its indents dated 05.07.2021 and 13.04.2022, referred 18 posts of Assistant Professor (Computer Applications) to the Public Service Commission for selection under the applicable Recruitment Rules.
d) These posts were duly advertised vide Advertisement Notification No. 06-PSC(DR-P) of 2023 dated 01.03.2023. In HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 11 :: O.A. No. 1460/2024 response, 357 candidates applied, out of whom 235 candidates appeared in the written examination conducted on 29.08.2024 at Jammu and Srinagar centres.
e) It is stated that the written examination was conducted strictly in accordance with the J&K Public Service Commission (Conduct of Examination) Rules, 2021. A provisional answer key was issued, objections were invited, and the same were referred to subject experts. After considering expert opinions, the final answer key was notified, and the result was prepared accordingly.
f) The respondents submit that shortlisting for viva-voce has been done strictly on the basis of merit obtained in the written examination, in consonance with Rule 31 of the JKPSC (Business & Procedure) Rules, 2021, which prescribes the ratio for calling candidates for interview depending upon the number of posts.
g) It is specifically asserted that the Higher Education Department, vide its communication dated 28.05.2019, has clarified that HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 12 :: O.A. No. 1460/2024 Master's Degree in Computer Science and allied M.Tech degrees, including M.Tech (Computer Science & Engineering) and M.Tech (Computer Engineering), are equivalent to Master's Degree in Computer Applications for the purpose of appointment to the post of Assistant Professor (Computer Applications).
h) On the strength of the aforesaid clarification, the respondents contend that candidates possessing M.Tech degrees have been rightly treated as eligible and shortlisted for viva-voce, and that there has been no violation of Recruitment Rules or arbitrariness in the selection process.
i) The respondents deny all allegations of malafides, favoritism, or deviation from the prescribed procedure, and maintain that the impugned notification has been issued lawfully, transparently, and in strict adherence to the governing rules.
j) On these grounds, the respondents pray for dismissal of the Original Application as being devoid of merit.Heard learned counsel for the parties and perused the pleadings made by them.
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4. Heard learned counsel for the parties and perused the material available on record.
5. The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking quashment of Notification No. PSC/Exam/S/2024/67 dated 05.11.2024, whereby candidates have been shortlisted for viva-voce for the post of Assistant Professor (Computer Applications), and for consequential directions to re-frame the shortlist by excluding candidates possessing M.Tech qualifications and by including the applicants.
6. The entire challenge of the applicants is founded on the premise that candidates holding M.Tech degrees in Computer Science / Computer Science & Engineering / allied streams are ineligible for the post of Assistant Professor (Computer Applications) under the Jammu and Kashmir (Gazetted) College Service Recruitment Rules, 2008, as amended by SRO-124 of 2014, and that only candidates possessing Master's Degree in Computer Applications (MCA) can be treated as eligible.
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7. The applicants further contend that earlier decisions of the Equivalence Committee and certain past communications of the respondents had excluded M.Tech degree holders, and therefore the impugned shortlist suffers from arbitrariness, illegality, and deviation from the Recruitment Rules.
8. The respondents, on the other hand, have raised preliminary objections regarding maintainability, non-joinder of necessary parties, and absence of any enforceable legal right in favour of the applicants. On merits, it has been specifically pleaded that the Higher Education Department has categorically clarified the equivalence of Master's Degree in Computer Science and allied M.Tech degrees with Master's Degree in Computer Applications, and that the selection process has been conducted strictly in accordance with the governing rules and the JKPSC (Business & Procedure) Rules, 2021.
9. At the outset, it is settled law that judicial review in matters of recruitment is limited. Courts and Tribunals do not sit as appellate authorities over expert bodies or recruiting agencies, particularly in matters relating to academic qualifications, equivalence of degrees, HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 15 :: O.A. No. 1460/2024 and shortlisting criteria, unless the action complained of is shown to be patently arbitrary, mala fide, or in clear violation of statutory rules.
10. It is equally well-established that prescription of qualifications and determination of equivalence falls primarily within the domain of the rule-making authority and subject-matter experts, and the Tribunal must exercise restraint unless a clear illegality is demonstrated. Whether M.Tech Degree Holders Are Ineligible
11. The Recruitment Rules, as amended by SRO-124 of 2014, prescribe "Master's Degree in the relevant subject" as the minimum qualification for the post of Assistant Professor, along with NET/SLET/SET. The Rules do not define the expression "relevant subject" in an exclusionary or restrictive manner.
12. The respondents have placed on record a specific communication issued by the Higher Education Department, clarifying that Master's Degree in Computer Science and allied M.Tech degrees, including M.Tech (Computer Science & Engineering) and M.Tech (Computer Engineering), are to be treated as equivalent to Master's Degree in HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 16 :: O.A. No. 1460/2024 Computer Applications for the purpose of appointment to the post in question.
13. Once such a clarification has been issued by the competent department, which is also the cadre-controlling authority, the Tribunal cannot substitute its own interpretation of academic equivalence for that of the expert authority. The contention of the applicants that only MCA degree holders are eligible, therefore, cannot be accepted.
14. The reliance placed by the applicants on earlier instances where M.Tech degree holders were excluded does not advance their case. Past administrative actions do not create a binding precedent, particularly when the competent authority has subsequently clarified the position regarding equivalence. Recruitment processes are governed by the rules and clarifications prevailing at the relevant time, and not by earlier or isolated decisions. Shortlisting and Selection Procedure
15. The record further reveals that the shortlisting of candidates for viva-
voce has been carried out strictly in accordance with Rule 31 of the HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 17 :: O.A. No. 1460/2024 JKPSC (Business & Procedure) Rules, 2021, on the basis of merit obtained in the written examination.
16. It is not disputed that the applicants participated in the selection process, appeared in the written examination, and were not shortlisted on merit. Mere possession of the prescribed minimum qualification does not confer an indefeasible right to be called for interview, a principle consistently reiterated by constitutional courts.
17. The applicants have not alleged any procedural irregularity in the conduct of the written examination, evaluation of answer scripts, or preparation of the merit list. Their grievance is confined only to the alleged ineligibility of certain shortlisted candidates, which, for the reasons recorded above, has not been substantiated. Non-Joinder of Necessary Parties
18. The Tribunal also finds substance in the preliminary objection raised by the respondents that the applicants have challenged the shortlisting of specific candidates without impleading them as party respondents. Any order excluding such candidates from the zone of consideration HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 18 :: O.A. No. 1460/2024 would directly affect their civil rights, and in their absence, such relief cannot be granted.
19. On this ground as well, the OA suffers from a serious procedural defect.
Absence of Arbitrariness or Malafides
20. Allegations of arbitrariness, favoritism, or "blue-eyed candidates"
have been made in a sweeping manner, without any supporting material. Mere allegations, howsoever strongly worded, cannot take the place of proof, particularly in matters of public recruitment.
21. The record demonstrates that the respondents have followed a transparent process, involving written examination, expert evaluation of objections, application of final answer key, and merit-based shortlisting in accordance with the rules.
22. In view of the foregoing discussion, this Tribunal is of the considered opinion that:
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a) Candidates possessing M.Tech degrees in Computer Science and allied disciplines cannot be held ineligible in view of the equivalence clarification issued by the competent authority;
b) The impugned notification dated 05.11.2024 does not suffer from any illegality, arbitrariness, or violation of Recruitment Rules;
c) The applicants have failed to establish infringement of any legal or statutory right warranting interference by this Tribunal.
23. Consequently, the Original Application is devoid of merit and is dismissed.
24. There shall be no order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit /
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