Excelsior Correspondent
JAMMU, May 6: High Court of Jammu & Kashmir and Ladakh High Court has quashed the selection process conducted for the post of Assistant Professor Sociology under EWS category and observed that there is no material available in public domain or otherwise, which would suggest that the University of Jammu has so far, by passing any resolution in the University Council, effected amendments in the Statutes making provision for reservation for EWS category.
Neither any regulations made by UGC nor any directions issued to UGC by Central Government in terms of S.20(1) of UGC Act making provision for reservation in favour of EWS in direct recruitment to teaching posts in State Universities was brought to the notice of the High Court.
Advertisement Notification bearing No.Adm/TW/C&R/ 23/311 dated 09.06.2023 was issued by the Registrar of Jammu University inviting applications, complete in all respects, for making recruitment to various faculty positions. The Advertisement Notification included one post of Assistant Professor Sociology earmarked for reserved category of Economical Weaker Section (EWS). The petitioner, claiming to be a member of EWS category, also applied for the post. Amongst other applicants for the post, respondent No.4 had also sought consideration under EWS category. The process of selection, conducted by the University, culminated into issuance of the Provisional Select List by the Registrar vide his No. Adm/TW/C&R/24/1743 dated 29th January, 2024.
Respondent No.4 was shown as provisionally selected for the post in question under EWS category. Feeling aggrieved, the petitioner has approached the High Court through the medium of instant petition filed under Article 226 of the Constitution of India to throw challenge to the selection of respondent.
After hearing both the sides, Justice Sanjeev Kumar observed, “there is no material available in public domain or otherwise, which would suggest that the University of Jammu has so far, by passing any resolution in the University Council, effected amendments in the Statutes making provision for reservation for EWS category”.
“Neither any regulations made by UGC nor any directions issued to UGC by Central Government in terms of S.20(1) of UGC Act making provision for reservation in favour of EWS in direct recruitment to teaching posts in State Universities was brought to my notice. Despite my best efforts, I could not locate any such provision in official website of UGC or the Ministry of Education”, Justice Sanjeev Kumar said.
High Court arrived at a definite conclusion that the advertisement notification issued for filling up one post of Assistant Professor in Sociology under EWS category is not sustainable in law unless the University, through proper channel and by following due process of law, lays down and prescribes reservation for such category.
“The advertisement notification notifying post of Assistant Professor in Jammu University under EWS is not sustainable”, Court said and directed the University Authorities to issue fresh advertisement notification for making selection to the post in question in accordance with law.
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