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SANJEEV KUMAR, MOKSHA KHAJURIA KAZMI
Shahid Hameed – Appellant
Versus
UT of Jammu and Kashmir – Respondent
JUDGMENT :
(Sanjeev Kumar, J.)
1. Pursuant to an indent/request received from the Department of Higher Education, Government of UT of Jammu and Kashmir, the Jammu and Kashmir Public Service Commission ['the PSC'] vide its Notification No.10-PSC (DR-P) of 2017 dated 27.10.2017 invited applications, inter alia, for ten (10) posts of Assistant Professor (Geology) which included five (5) posts in the open merit. As per the said Notification, the eligibility prescribed was as under:
(b) The candidate must have cleared NET/SLET/SET Conducted by the UGC, CSIR/AIU;
(c) The candidate who are, or have been awarded a PhD Degree in accordance with the Univers
The court emphasized the relevance and equivalence of the qualification possessed by the petitioners, as opined by the University of Jammu and University of Kashmir, and highlighted the importance of....
a candidate for recruitment to any post must possess the requisite qualification statutorily prescribed and the Court exercising the power of judicial review cannot expand upon the ambit of prescribe....
The court emphasized that the equivalence of qualifications is in the exclusive domain of the recruiting authority and cannot be determined through judicial review.
Post of Assistant Manager and Assistant Accountant - Power of Judicial Review on issue of equivalence of Degree - Court directs Managing Director, Bihar State Food and Civil Supplies Corporation Limi....
Courts have a limited role in academic matters and cannot act as an appellate authority over the decisions of expert bodies unless there is evidence of arbitrariness or mala fide.
The prescribed educational qualification of a master's degree in geology for the Assistant Geo Hydrologist position is legitimate and not open to judicial interference as it falls within the state's ....
The court affirmed that specific subject qualifications are essential for teaching positions, and equivalence determinations are within the purview of expert bodies.
There is no equivalent Rule akin to Rule 10(a)(ii). A perusal of the said Rule 10(a)(ii) clearly presupposes and provides that the acquisition of a higher qualification would presuppose the acquisiti....
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