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DB reverses single bench ruling, directs govt to recruit Asst Proffessors


Jammu, Oct 28: In what has come as major relief to aspirants for Assistant Professors’ posts, the Division Bench of Jammu and Kashmir High Court stayed the order of single bench of Jammu court. The division bench has directed the state government to go ahead for recruitment as per the notification advertised in 2014.

The latest verdict by High Court’s double bench, M.Phil is now not the eligibility criteria for Assistant Professor posts and only students having qualified Ph.D, NET or SLET would be eligible.

Chaired by Justice Ali Mohammad Magrey and Justice BS Walia, the division bench of J&K High Court, while hearing the Letters Patent Appeal (LPA) filed by Higher Education Department, stayed the previous judgment by a single bench of High Court chaired by Justice Tashi Rabastan. The previous judgement had allowed M.Phil qualification as the eligibility criteria for the post of Assistant Professors. The Single Bench judgement had come in after an appeal by M.Phil candidates.

The J&K HC Division Bench further directed state government to initiate recruitment with respect to the notification of 2014.

Now, 33 posts out of 1659 are to be reserved till the final verdict of LPA which is expected to come on November 16 that has been set as the next date of hearing.

Shakeel-Ur-Rehman, the present Secretary of Jammu and Kashmir Public Service Commission (JKPSC), said that they have not received the copy of judgment but it has been learnt that Division Bench has asked to go for recruitment.

“After receiving the copy of judgment, we will take the decision. If court will have directed to go for recruitment, then after opening of Darbar move in Jammu, we will issue notification for conducting interviews”, he said as quoted by newspapers.

Mr. Rehman has also mentioned that JKPSC is ready and the interviews can be conducted as early as second week of November. He further clarified that the candidates who have qualified NET, SLET, Ph.D after the notification of 2014 shall not be allowed and only those candidates who had already filled the forms are to be allowed.

According to State cabinet decision of August 3, 2012, an order vide 317-HE of 2012 was issued creating1129 posts of Assistant Professors in various degree colleges across Jammu and Kashmir.

Later, on January 28, 2013 the department of Higher Education had forwarded these posts to PSC authorities with subject wise distribution for advertising, but PSC had raised a query over the validity of degrees obtained by students from distance mode.

When the query was answered by the Higher Education department, the PSC as per notification number 09-PSC (dr-p) of 2013, dated 23-5-2013 had advertised 1651 posts of Assistant Professors.

It is the UGC regulation which nationally made National Eligibility Test (NET) and State Level Eligibility Test (SLET) as minimum eligibility conditions for appointment of Assistant Professors in colleges and Universities after which the Jammu and Kashmir Higher Education department had also amended the recruitment rules as per UGC regulations.

The UGC regulation was upheld by the Supreme Court of India on March 19, 2015.

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