Excelsior Correspondent
JAMMU, June 27: In a petition filed by Sheraz Kousser challenging the selection of respondent as Assistant Professors (Sociology) pursuant to advertisement notification No.12-PSC(DR-P) of 2014 dated 29.05.2014. Challenge to the selection is made primarily on the ground that in terms of UGC Regulations on minimum qualification for appointment of teachers and other academic staff in Universities and Colleges and measures for the maintenance of standards in Higher Education, 2010, there is a clear stipulation with regard to the selection criteria that is required to be followed in making selection whereas the respondent-PSC applied the selection criteria formulated by it in terms of Rule 51 of the J&K Public Service Commission (Business & Procedure) Rules, 1980, which is totally in contradiction to the selection criteria provided under the UGC regulations aforementioned.
Vacation Judge of J&K High Court Justice Sanjeev Kumar after hearing Adv Abhinav Sharma appearing for the petitioner issued notice and observed that Prima facie, there is substance in the submission made by the petitioner as the UGC regulations have the overriding effect on the statutory or non-statutory rules, if any framed by any State or its instrumentality, particularly when it pertains to the selection of teachers in the Higher Education. However, in view of the fact that the petitioner has participated in the selection process and has allowed the selection process to be completed, it would not be in the interest of justice to stay the selection of private respondents. However, with a view to safeguard the interest of the petitioner, it is directed that one post of Assistant Professor (Sociology) under Scheduled Tribe Category shall be kept reserved until further orders from this Court.
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