Judgment

1. At the very outset, let it be mentioned that on account of dissenting and divergent views expressed by two learned Judges of this Court, comprising Hon’ble Mr Justice Sanjeev Kumar and Hon’ble Mr Justice Rashid Ali Dar, in an Appeal, diarised and registered as LPASW no.118/2018, Hon’ble the Chief Justice, has referred this Appeal, in exercise of Sub-Rule (2) of Rule 36 of the J&K High Court Rules, 1999, and that is how, this Single Bench is constituted to call upon to decide, determine and adjudicate upon the controversy in hand. Hon’ble Mr Justice Sanjeev Kumar has proposed to allow the Appeal and set-aside learned Writ Court judgement dated 10thAugust 2018, whereas Hon’ble Mr Justice Rashid Ali Dar (now retired) proposed to dismiss the Appeal of appellants/writ petitioners.

2. The Hon’ble Judges have come up with three questions for determination by the Third Judge, to be designated for the purpose by Hon’ble the Chief Justice, which are:

(1) Whether Regulation 4.4.1 of the 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, would be applicable for appointment of Assistant Professor-cum-Junior Scientist in SKUAST (Sher-i-Kashmir University of Agricultural Sciences and Technology), notwithstanding Regulation 1.1.1 of the said Regulations and issuance of notifications/communications dated 26.12.2011 and 09.03.2017 issued by Indian Council of Agricultural Research, New Delhi (ICAR)?

(2) Whether the UGC Regulations, 2010, more particularly, Regulation 4.4.1, which lays down the Minimum Qualification for Appointment and other service conditions of the Universities and Colleges Teachers etc. for Maintenance of Standards of Higher Education, 2010, are applicable to the Faculty of Agriculture and Veterinary Science of the Agricultural Universities like SKAUST-K in view of the endorsement of these Regulations by the Govt. of India, Ministry of Agricultural vide its F.No. 1(01)/2009-Per-IV to the State Government to consider adopting and implementing the same in respect of the State Agricultural Universities?

(3) Whether the Statute of SKAUST-K providing eligibility qualification contrary to the one prescribed by the UGC Regulations duly endorsed by the Govt. of India, Ministry of Agricultural to all the Agricultural Universities to adopt and implement the same in respect of the Agricultural Universities in the State is sustainable in law and if not whether the same can be held to be bad even if there is no specific challenge laid to such Statute in the writ petition.

3. Though recapitulation of factual background would superfluously verbose this judgement, yet it is imperative to have bird’s eye view of the case set up by parties before learned Writ Court. Discourse on all minutiae and facets concerning instant case has been made by both, learned Single Bench and learned Division Bench.Nevertheless, difference of opinion of the Hon’ble Judges of the Division Bench, who have made present Reference, is to be gone through and squared off here so as to have a majority view.

4. Sher-e-Kashmir University of Agricultural Sciences & Technology of Kashmir, Main Campus, Shalimar, Srinagar, (for succinctness “SKUAST”) by an Advertisement Notice no.01 of 2017 dated 13th March 2017, invited applications in the prescribed format from eligible candidates for filling up the posts of Assistant Professors-cum-Junior Scientists in the Fish Endocrinology, Toxicology, Limnology, Aquaculture, Fish Breeding, PHT, Fish Biochemistry, Fish Parasitology, Gear & Craft, Sericulture, Vegetable Science, Statistics, Forestry. The essential qualification, as is noticeable from Advertisement Notice, is:

“I.

i) Master degree with minimum 55% marks or equivalent grade in OGPA or equivalent postgraduate qualification in the concerned/related subject.;

ii) PhD degree (with course work) in concerned/related subject as