Indian Kanoon - Search engine for Indian Law

30. To deal with all such arguments it would suffice to refer to the judgment of a Coordinate Bench of this Court in Muzaffar Rasool Mir v State of JK, 2015 (2) JKJ 698 [HC], cited at the Bar and relied upon by Mr. Azhar-ul-Amin, learned counsel for the Commission.

31. In that case the Commission had invited applications by notification no.09-PSC(DR-P) of 2013 dated 23.05.2013 from eligible candidates to fill up 1289 vacancies of Assistant Professor in different disciplines in various Government Degree Colleges of the State. The selection process was to be undertaken in accordance with the J&K Education (Gazetted) College Services Recruitment Rules, 2008 notified vide SRO 423 of 2008 dated 23.12.2008 read with Government order no.252-HE of 2012 dated 30.05.2012, 254-HE of 2013 dated 21.05.2013 and communication no.Coll/Coord/774/2013 dated 22.03.2013 issued by the Higher Education Department. In terms of SRO 423 of 2008 dated 23.12.2008 a candidate with M. Phil Degree was eligible for the advertised position, even if he had not qualified National Eligibility Test / State Level Eligibility Test / State Eligibility Test (NET / SLET / SET). The Government order no.252- HE of 2012 dated 30.05.2012 deleted M. Phil from the relevant para of Schedule II of the Rules of 2008. Resultantly, a candidate with M. Phil Degree was not eligible for the post unless he had qualified NET/SLET/SET. The Commission, accordingly, deleted M. Phil Degree from the prescribed qualification in the Advertisement Notification dated 23.05.2013. This notification came to be challenged before the Court to the extent it excluded aspirants with M. Phil Degree and without NET/SLET/SET for the advertised posts on the ground that as the Rules of 2008 were made in exercise of powers under Section 124 of the Constitution of Jammu and Kashmir, it was not open to respondent no.1 therein to amend the Rules by Government order. That writ petition came to be allowed, quashing the Government order which deleted M. Phil Degree from the relevant Schedule. The Government, thereafter, vide SRO 124 of 2014 dated 21.04.2014 substituted Schedule I and II of the 2008 Rules. In terms of substituted Schedules exemption from NET/SLET/SET was restricted to candidates having Ph. D Degree in accordance with UGC Regulations, 2009, and such exemption was no more available to a candidate with M. Phil Degree. This substitution of Schedules I and II of the Rules, resulted in issuance of fresh Advertisement Notification dated 29.05.2014 in supersession of the earlier notification dated 23.05.2013 by the Commission. This fresh advertisement notification was challenged by the candidates possessing M. Phil Degrees on, inter alia, the grounds akin to the ones taken by the petitioners herein. In paras 15 and 16 of the judgment, the Coordinate Bench of this Court observed as under: