Excelsior Correspondent
SRINAGAR, Aug 3: The Central Administrative Tribunal (CAT) Srinagar upheld the order of Service Selection Board (SSB) accepting the recommendation of the Committee constituted by the Government with regard to overlapping degrees acquired by the candidates for the post of teacher.
The aggrieved candidates challenged the recommendations of the committee after the Select List was notified and they objected to the selection of candidates who had been selected notwithstanding the fact that they had pursued two degree courses simultaneously.
The Committee constituted by the Secretary to Government, General Administration Department to examine the issue of overlapping degrees acquired concurrently. The terms of reference of the Committee were to examine the issue of selectees who had acquired degrees concurrently and furnish its recommendations as to whether the statues of the University permit the same.
The aggrieved candidates challenged the Order No. 61 SSB of 2020 dated 5.2.2020, in terms whereof, the respondent Board has accepted recommendations of the Committee constituted for examining overlapping degrees acquired concurrently for the post of Teacher and has released its recommendations in favour of the candidates who had pursued two degrees simultaneously.
“The Apex Court has stressed upon the need for the courts to refrain from sitting on judgment over the decision of the experts. As already brought, the official respondents were justified in nominating a Committee to examine the issue of overlapping degrees with reference to the selection for the post of Teachers under reference. They were well within their rights to implement the recommendations of the said Committee. We find no reasons to question this action. We, therefore, find the present TA to be devoid of merit and the same is accordingly dismissed”, CAT concluded.
They contended that the decision taken by the Committee and the Board to deduct minimum points in case of overlapping degrees on face of it is not permissible in law which gives premium to a candidate for being selected and the Committee had concluded that there were overlapping of degrees, the degree obtained by the candidates after he/she was enrolled already and pursuing a degree course should have been declared null and void and thereto the points allotted to the candidate on the basis of that degree should have been deducted.
It was further contended that the impugned decision has an effect of impinging upon the education system inasmuch as the candidates, who admittedly have pursued two degrees simultaneously, are sought to be appointed against the post of Teacher. The respondents cannot be allowed to impinge the standard of education.
The SSB and Director School Education objected to these contentions and contended that the recommendations of some of the candidates were kept withheld as a period/session of study of their academic qualifications, for which weightage was assigned, was overlapping.
They contended that two Committees were constituted for examining the issue of overlapping of degrees acquired concurrently and furnishing recommendations as to whether the statutes of the University permit the same. It is further stated that recommendations of the Committee have been placed before the Board in its 162nd meeting on 31.1.2020, whereby the Board decided to recommend the candidates cleared by the Committee to the answering SSB.
Kashmir University in its reply stated that between September, 2008 up to March, 2011, the statutes of the University permitted candidates to pursue two courses in the University of Kashmir i.e. one as regular candidate and the other through distance mode, simultaneously. However, it would be significant to state that the provision of dual course stands dispensed with since March, 2011, with the stipulation that students already registered for dual course on March 1, 2011 shall be allowed to complete the courses.
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