Jammu & Kashmir High Court
Subika Jamwal vs Ut Of J&K And Others on 28 October, 2021
Bench: Dhiraj Singh Thakur, Puneet Gupta
Sr. No.43
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2305/2021
CM No. 8164/2021
CM No. 8165/2021
Subika Jamwal .....Appellant(s)/Petitioner(s)
Through: Mr. M. K. Bhardwaj, Sr. Advocate with
Mr. Gagan Kohli, Advocate
Vs
UT of J&K and others ..... Respondent(s)
Through: Mr. M. Y. Akhoon, Advocate vice
Mr. F. A. Natnoo, AAG
Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
28.10.2021 (OPEN COURT) Per: Thakur-J
1. With the consent of learned counsel for the parties, the present writ petition is taken up for final disposal at the threshold.
2. In the present writ petition, the petitioner challenges the order dated 21.09.2021 passed by the Central Administrative Tribunal, Jammu, whereby the prayer of the petitioner for interim relief has been rejected by the Tribunal.
3. Briefly stated the material facts are as under:-
The respondent No. 3-Secretary, Jammu and Kashmir Public Service Commission, Jammu issued an advertisement dated 27.10.2017, inter-alia, for the post of Assistant Professor in the discipline of Bio Technology in the Higher Education Department. The conditions of eligibility prescribed for the said post is given as under:-2 WP(C) No. 2305/2021
a. Good academic record as defined by the concerned university with at least 55% marks [50% excluding any grace marks, in case of scheduled Caste/Scheduled tribe/Differently-abled [Physically and Visually differently-abled] Categories/Ph.D. degree holders, who have obtained their Master's Degree prior to 19thSeptember 1991] or an equivalent grade in a point scale where grading system is followed at the Master's Degree level in the relevant subject from an Indian University, or an equivalent degree from an accredited foreign University.
b. The candidate must have cleared NET/SLET/SET conducted by the UGC, CSIR/AIU.
c. The candidate who are or have been awarded a Ph.D. degree in accordance with the University Grants Commission (Minimum Standards and procedure for Award of Ph.D. degree regulations), 2009, shall be extended from the requirement of the minimum eligibility condition of NET/SLET/SET. d. NET/SLET/SET shall also not be required for such Master's Programmes in disciplines for which NET/SLET/SET is not conducted.
4. The degree in possession of the petitioner is termed as Master of Technology in Bio Technology. The dispute arose whether the petitioner possessed the requisite qualification in terms of advertisement or not. The issue of equivalency of degrees came to be considered by a Committee constituted by the Government, in terms of minutes of meeting dated 10.09.2020. A reference to the decision taken by the Committee dated 10.09.2020 would show that the University from which the petitioner obtained the degree i.e. VIT University, Vellore, was not at all, considered for purposes of equivalence. Consequently, the petitioner was not called for interview for the post of Assistant Professor in Bio Technology which was conducted on 20/21.09.2021, aggrieved of which, the petitioner approached the Central Administrative Tribunal, Jammu. 3 WP(C) No. 2305/2021
5. By virtue of order impugned dated 21.09.2021, the Tribunal rejected the application of the petitioner for grant of interim relief on the ground that the Committee had considered the issue of equivalence which could not be interfered with in view of the Apex Court judgement rendered in the case reported as University of Mysore and another Vs. C. D. Govinda Rao, AIR 1965 SC 491.
6. Learned Senior Counsel for the petitioner, Mr. Bhardwaj, states that the view taken by the Tribunal was erroneous in law inasmuch as it failed to notice that the Committee so constituted by the Government to determine the issue of equivalence of degrees had not, at all, considered the degree obtained by the petitioner from VIT University.
7. There is considerable merit in the argument advanced by learned counsel for the petitioner. The Committee's decision dated 10.09.2020 does not appear to have taken any decision with regard to the petitioner, and therefore, the view expressed by the Tribunal to that extent cannot be said to be correct on facts.
8. Mr. Bhardwaj, learned Senior Counsel for the petitioner has also emphasized that based upon the same degree, the petitioner had earlier been permitted to participate in the selection process for the same post vide notification issued in the year 2016. The name of the petitioner figured at S.No. 6 and she had secured 59.56 marks. It was, thus, urged as to how the petitioner was being declared eligible in the earlier selection process for the same post and subsequently declared ineligible, was not clear. It is further submitted by the 4 WP(C) No. 2305/2021 learned Senior Counsel for the petitioner that the interviews have already been conducted but the selection has not been finalized.
9. Be that as it may, the Committee which has considered the issue of equivalence of degrees in terms of meeting dated 10.09.2020 shall consider the degree obtained by the petitioner on the same parameters and in case the degree is found to be valid for purposes of allowing the petitioner to sit in the interview in terms of advertisement in question, the petitioner shall be permitted to be interviewed by the same Committee, which interviewed the other candidates and the merit of the petitioner would be taken into consideration for filling up the post in question. It is further ordered that till the validity of degree of the petitioner and the resultant appearance in the interview process is considered and the petitioner is interviewed, one post of Assistant Professor in the field of Bio Technology shall not be filled up. Order impugned is set-aside.
10. Disposed of as above.
(Puneet Gupta) (Dhiraj Singh Thakur)
Judge Judge
Jammu
28.10.2021
Shammi
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No