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2023 Supreme(J&K) 585

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Sanjay Dhar, J.
Ms. Asma Maqbool - Petitioner
Vs.
State Of J&K & Ors. - Respondent
SWP No.2434 of 2017
Decided On : 08-12-2023

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Syed Faisal Qadiri, Sr. Advocate, with Ms. Tayba Gulnar, Adv.
For the Respondent: Mr. S. A. Naik, Adv.

The court upheld the university's policy of excluding training certificates lacking duration details, affirming no discrimination in the selection process.

Headnote:(A) University Selection Criteria - Academic Performance Indicator (API) - The petitioner challenged the non-inclusion of her training certificate while calculating API scores for selection as Assistant Professor-cum-Junior Scientist. The respondents adhered to a policy of excluding certificates lacking duration details. (Paras 1, 3, 9, 14)

(B) Discrimination - The petitioner claimed discrimination based on the treatment of her certificate versus that of another candidate. The court found uniform application of criteria by the respondents. (Paras 4, 14)

Facts of the case:
The petitioner applied for a position as Assistant Professor-cum-Junior Scientist but was not selected due to the exclusion of her training certificate from consideration, which she argued was unjust. (Paras 2, 3)

Findings of Court:
The official respondents applied a consistent policy regarding certificate consideration, and the petitioner's claims of discrimination were unfounded. (Paras 14, 15)

Issues: The main issue was whether the exclusion of the petitioner’s training certificate was justified and if she faced discrimination compared to other candidates. (Paras 9, 14)

Ratio Decidendi: The court held that the official respondents acted within their rights by not considering certificates that did not specify training duration, affirming that no discrimination occurred in the selection process. (Paras 14, 15)

Result: Petition dismissed.

JUDGMENT :

1. The petitioner has challenged the select list of Assistant Professor-cum-Junior Scientists Sericulture issued by respondent No.2, whereby respondents No.3 to 8 have been temporarily appointed as Professor-cum-Junior Scientists Sericulture.

2. Briefly stated, case of the petitioner is that she responded to Advertisement Notice No.01 of 2017 dated 13.03.2017, issued by respondent No.2, whereby applications were invited for selection against various posts including the posts of Professor-cum-Junior Scientists Sericulture. It has been submitted that as per the criteria fixed by the respondent University, Academic Performance Indicator (API) was to be formulated as per the qualifications and certificates of each candidate and 80 points were allocated for API score whereas 20 points were allocated for interview/viva voce. According to the petitioner she had performed extremely well during the selection process but when the impugned selection list was issued by respondent No.2, she did not find her name in the same.

3. The petitioner has challenged the impugned selection list on the ground that while calculating the API score of the petitioner, the official respondents have not taken into account three weeks on job training undergone by the petitioner regarding which a certificate had been issued by Director, Extension Education, SKUAST, Kashmir. It has been submitted that the petitioner had undergone the said course in the year 1998 and the certificate was issued on 20th October, 1999. It has been submitted that a similar two weeks on job training course certificate issued in favour of respondent No.6 has been considered by the official respondents and two points have been allocated in her favour while calculating her API score. According to the petitioner, had she been given three points for three weeks on job training course undergone by her in the year 1998, regarding which she had produced the requisite certificate, she would have secured extra three points and made the grade. It has been submitted that the official respondents have deliberately applied selective approach in an arbitrary manner by awarding two points to respondent No.6 in respect of similar certificate and denying the credit of the same to the petitioner, thereby causing grave prejudice and discrimination against the petitioner.

4. The official respondents No.1 and 2 have contested the writ petition by filing their reply, in which they have submitted that the petitioner has been awarded one point for participation in the Resources Development Programme conducted from 8th to 15th March, 2012 at Srinagar but in respect of on job training programme conducted by Division of Sericulture in the year 1998, regarding which certificate has been issued in favour of the petitioner on 20.10.1999, no point has been awarded in her favour. It has been submitted that even in the case of other candidates, no points were awarded in respect of similar certificates as these certificates do not indicate duration of the programme. It has been further submitted that respondent No.7 has also not been awarded any point in respect of the certificate relating to on job training programme conducted by Division of Sericulture of the respondent University because the said certificate did not indicate the duration of the programme. Regarding respondent No.6, it has been submitted that two points were awarded to her for the training programme of two weeks duration conducted by the Directorate of Sericulture Extension & Training with effect from 14.01.2003 to 01.02.2003.

5. The official respondents have submitted that a notice bearing endorsement No.AU/Adm(GAD)/2017/7294-95 dated 15.07.2017 was issued by the respondent University informing the candidates about the provisional select list recommended by the Screening Committee and it was notified that in case any candidate has any objection, he/she may bring it to the notice of the Registrar in writing along with necessary documents upt

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