RAJNEESH BHAN Vs. STATE

JUDGEMENT

(1.) The Jammu and Kashmir Public Service Commission (for short "PSC")-respondent No.2 vide its Notification No. 07-PSC of 2009 dated 09.03.2009 invited applications from eligible candidates for the posts of Lecturer 10+2 (Sociology) with the following breakup:

(2.) In the year 2008 also, respondent No.2 had invited applications for the same posts vide its Notification No.06-PSC of 2008 dated 23.05.2008 dated with the break up as under:

(3.) The petitioner, having done his postgraduate degree in Sociology from the Pondicherry University through distance mode in the year 2009 with 64% marks and possessing the degree of B.Ed, submitted her application form pursuant to Notification No. 07-PSC of 2009 and sought consideration under the open merit category. The application form of the petitioner was accepted and he was permitted to sit in the screening test which was notified by respondent No.2 vide its Notification No.PSC/EXAM/09/75 dated 15.12.2009. The result of the screening test would show that the petitioner obtained 91.5254 marks which were higher than the marks secured by the last candidate shortlisted for the interview. However, the petitioner was not shortlisted for the interview and on enquiry it was revealed that respondent No.2 had held the petitioner ineligible to participate in the interview and for his selection and appointment against the post of Lecturer 10+2 (Sociology). As a matter of fact, the postgraduate degree in Sociology obtained by the petitioner from the Pondicherry University through distance mode was held to be not a valid qualification.