SURESH SHARMA SADOTRA Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioner is having Masters Degree in Business Administration. He has also passed the State Eligibility Test for appointment as Lecturer/Assistant Librarian. The certificate in this regard has been issued by the University of Jammu, copy of which is placed on record as Annexure B. In Oct' 2000, the petitioner was appointed as Lecturer in Humanities Department on consolidated basis. Thereafter, in Aug' 02, he was appointed as Lecturer in Bachelor of Business Administration. This arrangement was also on consolidated basis with usual breaks after spell of 60 days and the petitioner is still continuing as such.

(2.) Vide Notification No. 17-PSC of 2003 dated 31st of Dec '03, issued by respondent No. 3, applications were invited from eligible candidated for the post of Lecturer in Business Administration and other disciplines. Thereafter, in supersession of the above notification, another notification was issued by the said respondent bearing No. 03-PSC of 2004 dt. 17th of Feb '04, whereby applications were invited for the post of Lecturer in different disciplines including the discipline of Business Administration. Petitioner along with other eligible candidated applied for the post of Lecturer in the discipline of Business Administration, Higher Education Department. He participated in the selection process but was not selected. Private respondent No. 4 who was also a candidate for the said post has been selected. It is this selection of private respondent No. 4 made vide order impugned No. PSC/DR/IIE/ Business Administration/1/04 dated 4th of Oct '06, which is the subject matter of challenge in the present petition.

(3.) The grievance of the petitioner is that as per Clause 7 of Schedule II of the Jammu and Kashmir Education (Gazetted) College Services Recruitment Rules, 2004 (SRO 115), herein-after called the Rules, only those candidates are eligible for appointment to the post of Lecturer/Librarian/PTI's, who have qualified the National Eligibility Test (NET) or State Level Eligibility Test (SLET), and as private respondent No. 4 is not fulfilling this eligibility criteria, she cannot be appointed against the post of Lecturer. It is stated that the earlier notification issued by respondent-Public Service Commission in Dec '03, was in accordance with the Rules and in the column of qualification which was required to be possessed, it was mentioned that only those candidated who have qualified the NET/SLET shall be eligible to apply but in the subsequent notification in pursuance to which the selection has been made, this clause of possessing of NET/SLET certificate was deleted, which is not in accordance with the Rules. It is thus submitted that the selection of private respondent is not in accordance with the rules as she is lacking the above eligibility criteria. Reference in this regard is made to Rule 5(1) of the Rules. The said rule, for facility of reference is being reproduced below :-