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Judgment
Posts of College Lecturers in various subjects including Urdu have been notified by the State Public Service Commission vide notification No. 1PSC of 2005 dated 21.2.2005. The essential qualifications required for the post are as under:
Master's Degree in the relevant subject with at lest 55% marks or its equivalent grade of B in the sevenpoint scale from an Indian University or an equivalent Course/Degree from an Indian/Foreign University. The candidates should have qualified National Eligibility Test (NET) or State Level Eligibility Test ( SLET) conducted by UGC and CSIR/Universities of J&K State with accreditation from UGC NOTE: NET shall remain compulsory requirement for appointment as lecturer even for candidates having PH. D Degrees. However, the candidates who have completed M.Phil by 31.12.1993 or have submitted Ph.D. thesis in the concerned subjects up to 31.12.2002 are exempted from qualifying NET/SLET. In case such candidates fail to obtain Ph.D. degree they shall have to pass NET/SLET and the clearance of their probationary periods ( if already appointed) shall be subject to there passing of NET/SLET.
NOTE: A relaxation 5% marks shall be provided from 55 to 50% of the marks to candidates belonging to SC/ST and physically and virtually handicapped category and also for such Ph.D. holder who have passed Masters Degree before 19.9.1991.
NOTE: The candidates are advised to attach experience certificate and copy of Government orders where under appointed/cleared as lecturers in Higher Secondary Schools/Head Masters/Zonal Education Officer/Additional Zonal Education Officers/Zonal Education Planning Officers.
The petitioner states that vide the said notification applications from the permanent residents of the State have been invited but it has confined the opportunity only to inservice candidates and defines the said expression to mean and include ""Post Graduate Lecturers of Higher Secondary Schools/Head Masters/Zonal Education officers/Additional Zonal Education Officers/Zonal Education Planning Officers having teaching experience of 5 years at Higher Secondary level in the subject concerned.
The petitioner is aggrieved that it denies equality of opportunity for consideration of the said post to all other candidates, inservice or otherwise, and, therefore, violates Articles 14 & 16 of the Constitution. The petitioner further states that cent percent reservation made in favour of inservice candidates consisting only of the Post Graduate Lecturers of Higher Secondary Schools/Head Masters/Zonal Education Officers/Additional Zonal Education Officers/Zonal Education Planning Officers is invalid and otherwise contrary to law. The Public Service Commission does not have any power to make such reservation nor does the Government have any such power.
The respondentState Public Service Commission has in reply to the present petition stated that the eligibility clause mentioned in the notification has the sanction of the recruitment rules framed by the Government in exercise of powers under section 124 of the Constitution of J&K namely Education ( Gazetted) College Service Recruitment Rules 2004.
Heard. I have considered the matter.
The relevant rules which govern the recruitment of lecturers contained in the Jammu & Kashmir (Gazetted) College Service Recruitment, Rules 2004 read as under:
Class
Category
Designation
Scale of Pay
Minimum Method of Qualification
Recruitment
Direct recruitment
Promotion
IV A Lecturers 800013500 Master's Degree
i) 60% by
i) Arts. In
the subject direct recruitment
Commerce & concerned with ii) 40% by
Science at least 55% marks Selection from
Or its equivalent from amongst
Grade of ""B"" lecturers of
In the seven point Higher Secondary
Scale from an Schools/Head
Indian University Masters/ZEO's/
Or an equivalent Addl;ZEO's/
Course/degree from ZEPO's having
Indian/Foreign teaching experience
University. Of five years at
Higher Sr. Level in
The subject concerned
On the basis of open
Competition.
Perusal of the rule would show that the eligibility clause contained in the advertisement notice, impugned in the present petition is in accordance with the recruitment rules. No challenge has been thrown to the recruitment rules. In these circumstances since the advertisement notice is in accordance with the recruitment rules, I do not find the petitioner has got any ground to challenge the same.
I do not find any merit in the plea that the condition is violative of Articles 14 & 16. The reservation is for a particular class which has a nexus with the object.
I could not find any merit in the present petition which is hereby dismissed.