Advt notification of GCET for Asst Prof posts
Excelsior Correspondent
JAMMU, Aug 5: Division Bench of the High Court comprising Chief Justice Pankaj Mithal and Justice Wasim Sadiq Nargal has directed the Central Administrative Tribunal (CAT) to decide the main petition challenging advertisement notification issued by the Government College of Engineering and Technology (GCET) for the post of Assistant Professor preferably within a period of one month that too without being influenced by the already made observations.
Moreover, the Division Bench has directed that the petitioners should be permitted to participate in the selection process provisionally at their own cost, risk and responsibility.
The petitioners had filed an application before the CAT as they are aggrieved of the advertisement notification issued by the respondents on June 30, 2022 which pertains to prescribing the qualification of eligibility for the post of Assistant Professor for GCET. The main grievance of the petitioners is with regard to the non-inclusion of the qualification of PhD in the eligibility criteria.
The CAT in terms of impugned order simply declined the interim relief on the ground that the petitioners are qualified to apply for the post of Assistant Professor and the advertisement is a mere invitation of applications from the eligible candidates.
The reasoning given by the CAT was that the respondents have taken care of PhD Degree by prescribing 15 additional points for the same and as a consequence of which, the petitioners are in advantageous position than other aspirants.
Feeling aggrieved of the CAT order, the petitioners knocked the doors of the High Court by filing writ petition seeking the same benefit as was projected before the CAT.
After hearing the counsel for the petitioners, the DB observed, “we are of the view that the findings/observations of the CAT are premature and will ultimately have bearing on the outcome of the relief sought by the petitioners before the CAT more particularly when the respondents have yet to file detailed reply”.
“As the urgency has been projected by the petitioners that they will not be allowed to participate in the selection process in view of the terms and conditions of the advertisement notice which they have challenged and no finding has been recorded by the CAT as on date, we direct the CAT to decide the main petition expeditiously preferably within one month without being influenced by the observations already made by the CAT”, the DB said.
The DB further said, “the CAT will also go in the question with regard to weightage of points for candidates being direct PhD after passing BE/B.Tech with GATE. We also allow the petitioners to participate provisionally for the post of Assistant Professor for GCET at their own cost, risk and responsibility and their participation will be subject to the outcome of the matter pending adjudication before the CAT”.
“Mere participation of the petitioners provisionally in the selection process doesn’t ispo facto vest any right of equity”, the DB made it clear.
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