SAMIYA JAMSHEED Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Pursuant to an indent/request received from the Department of Higher Education, Government of UT of J&K, the J&K Public Service Commission ("PSC") vide its Notification no.12-PSC (DR-P) of 2014 dtd. 29/5/2014, invited applications, inter alia, for making selection to 71 posts of Assistant Professor (Botany); out of which 38 posts were earmarked for General Category and one post for SLC. As per the notification, the eligibility prescribed was as under:

(2.) The petitioners claim that apart from possessing the qualification of M.Sc. in the subject of Botany, they had to their credit the Degree of Ph.D. Botany and teaching experience. Being possessed of requisite qualification and eligibility, the petitioners applied for the post. The petitioner in WP(C) no.2665/2021 applied under Open Merit Category and only petitioner in WP(C) no.2653/2021 applied under SLC Category. Since the petitioners were possessing the qualification of M.Sc. in Environmental Botany, as such, their candidature was rejected by PSC vide its notice dtd. 5/7/2016.

(3.) Feeling aggrieved, the petitioners filed SWP no.1817/2016 and SWP no.304/2018, which came up for consideration before learned Single Judge of this Court on 21/2/2018 and 7/6/2018 respectively. The Single Bench of this Court directed, by way of an interim arrangement, that two posts of Professors Botany in the Higher Education Department shall not be filled up. However, after promulgation of the Reorganization Act, 2019 and establishment of Central Administrative Tribunal, Jammu Bench ("the Tribunal") the writ petitions were transferred to the Tribunal, where these were registered as TA no.62/6597/2021 and TA no.62/6596/2021. The writ petitions/TAs were contested by respondents, who in their counter affidavit took a specific stand that the qualification prescribed for the post is Master's Degree level in the relevant subject from an Indian University or an equivalent degree from a accredited foreign university and, therefore, the petitioners possessing the qualification of M.Sc. in Environmental Botany are not eligible. The matter was considered by the Tribunal and the Tribunal, after relying upon the case law on the subject, came to the conclusion that in view of settled legal position it is for employer to prescribe a set of qualifications for selection and appointment to a particular post and, therefore, a candidate, not possessing the said essential qualification, is not eligible to apply and seek consideration. The Tribunal has, thus, dismissed the TA vide its order dtd. 7/11/2021, impugned in this writ petition.