(1.) The controversy in the aforementioned two writ petitions being similar in nature, the same shall stand disposed of vide this common judgment. Petitioners in both the petitions claim to be possessed of M. Phil, degrees from the University of Jammu and G.A. Singhania University, which are stated to be recognized by the University Grants Commission. It is stated that the recruitment and appointment in the Higher Education Department of the Jammu and Kashmir, is governed by the Jammu and Kashmir Education (Gazetted) College Service Recruitment Rules, 2008 (here-in-after called the Rules of 2008), notified vide SRO 423 of 2008 dt. 23.12.2008 [Refer 2008 (7) JKS JK-221: JKS Soft JKS/706]. For the post of Lecturer, the minimum qualification for direct recruitment at the time of initial appointment has been prescribed in Class 1V(A) of Schedule-II of the aforementioned rules, which is reproduced below:-
(2.) It is stated that in the year 2000, the post of Lecturer was re-designated as Assistant Professor.
(3.) In the year 2009, the Public Service Commission, invited applications for appointment to the post of Assistant Professor, Higher Education Department vide notification dt. 6th of March, 2009, and the recruitment was made strictly as per the eligibility prescribed under the Rules of 2008, and there was no deviation whatsoever and all the candidates, possessed of M. Phil, degrees, were allowed to compete in the process of selection and later came to be appointed as such.