Appointing 1300 Assistant Professors in Higher Education Department, HC directs govt not to fill vacancies

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High-Court-Srinagar

Srinagar:  The Jammu and Kashmir High Court has directed the government not to fill up nearly 1300 vacancies of Assistant Professors in Higher Education department notified by the Public Service Commission on May 29, this year. A bench of Justice Bansi Lal Bhat stayed the notification till the next date of hearing of the case after counsel for the petitioners, Firdous Ahmad Parray pleaded that the notification was in violation of law.

Citing an order passed by a coordinate bench at Jammu which was submitted by the counsel for petitioners, the court said, “ in the given facts and circumstances, it would not be proper to pass a different order/ direction other than the one passed by the coordinate bench of court, when the orders challenged in the two writ petitions are the same and one,” the court said. Issuing notice to the respondents seeking their response to the petition within two weeks, the court meanwhile said subject to the objections, “ it is ordered that the petitioners who have to their credit M Phil Degree would be eligible to be considered for selection/ appointment as assistant Professors in the light of the order passed in SWP no 1539/ 2014, with further direction that the vacancies notified by virtue of impugned notification dated 29- 5- 2014 shall not be filled up till next date of hearing”. The petitioners pleaded that the Public Service Commission issued a notification- in the year 2013 vide Notification No. 09- PSQDR- P) OF 2013 Dated 23.05.2013 for the post of Assistant professors for different undergraduate courses in Govt, degree colleges in the state and the last date for submission of application forms was fixed as 24.06.2013, “ The said notification was issued on the basis of SRO 423 of 2008 Dated 23/ 12/ 2008, wherein it was provided that any candidate having possession of M. Phil is eligible for undergraduate level teaching, but a note was appended with the prescribed qualification that the selection shall be taken on the basis of SRO 423 OF 2008 Dated 23/ 12/ 2008 read with an order No. 30/ 05/ 2012 Dated 21/ 05/ 2013, which order was passed by the secretary Higher education department and has deleted the qualification of M. Phil from the eligibility criteria for the post of Assistant professors,” reads the petition.

The petitioners pleaded that the order dated 21/ 05/ 2013 was challenged before the High court in Srinagar and Jammu in SWP No. 1288/ 13 C/ W SWP No. 1400/ 13 ( Jammu Wing) and SWP No. 1080/ 2013( Srinagar Wing) on the ground that the power of amendment to statutory rules ties with Governor or state legislature as rules are being framed under section 124 of the constitution of J& K and not executive order. “ The court quashed the order passed by secretary Higher Education vide Judgment dated 03.10.2014 and directed the respondents that the petitioners and other candidates , who have M. Phil to their credit before the cut of date i. e. 24.06.2014 are entitled for consideration of appointment as Assistant professors in view of SRO 423 OF 2008 Dated 23/ 12/ 2008 ( the Jammu and Kashmir Education Gazetted) college services recruitment rules 2008),” pleads the petition.

 

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