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2025 Supreme(Online)(CAT) 1764
CENTRAL ADMINISTRATIVE TRIBUNAL
MR. RAJINDER SINGH DOGRA, J, MR. RAM MOHAN JOHRI, A
Suhail Ahmed And Ors – Appellant
Versus
State Of Jammu And Kashmir – Respondent
T.A./90/2024
Mrs. Aruna Thakur, Mr. Sudesh Magotra, Ld AAG & Mr. F A Natnoo, Ld counsel for JK PSC
The Tribunal upheld the validity of selection criteria for public service positions, affirming that degrees from unrecognized institutions are ineligible, and mere participation in recruitment does not guarantee appointment.
Headnote:(A) Public Service Commission Notification No. 07-PSC of 2009 - Jurisdiction of Tribunal - The case involves the transfer of a service dispute from the High Court to the Tribunal following the reorganization of Jammu and Kashmir. The petitioners challenged the select list for lecturer posts, claiming discrimination in the selection process and the ineligibility of degrees obtained through distance education from certain universities. (Paras 1-3)
(B) Eligibility Criteria - The Tribunal upheld the decision that degrees from non-recognized institutions are not valid for selection, citing the Supreme Court's ruling in Prof. Yash Pal Sharma Vs State of Chhattisgarh regarding the validity of distance education degrees. (Paras 5-9)
(C) Judicial Review - The court emphasized that the state has the authority to determine qualifications for public service positions, and mere participation in a recruitment process does not guarantee a right to appointment. (Paras 9-10)
Facts of the case:
The petitioners applied for lecturer positions under the RBA category but were not selected despite being shortlisted. They contested the validity of the select list and the government's decision regarding distance education degrees.
Findings of Court:
The Tribunal found the application devoid of merit, affirming the validity of the selection process and the ineligibility of degrees from certain institutions.
Issues: The main issues included the validity of degrees obtained through distance education and the fairness of the selection process.
Ratio Decidendi: The Tribunal ruled that the state has discretion in setting eligibility criteria for public service positions, and degrees from unrecognized institutions cannot be considered valid.
Result: Transferred Application dismissed.
ORDER
(Per: Mr. Rajinder Singh Dogra, Judicial Member)
1. SWP 1769/2010 has been filed by the petitioners in the Hon’ble High Court and after the reorganization of State of Jammu and Kashmir into Union Territory of Jammu & Kashmir and Ladakh and in view of the Notification No. G.S.R. 267 (E) dated 29.04.2020 read with notification No. G.S.R. 317 (E) dated 28.05.2020 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the jurisdiction to adjudicate upon the list regarding service disputes of the employees of UT of J&K and Ladakh was conferred upon this Tribunal and while considering the said fact, the record of SWP 1769/2010 was ordered to be transferred by the Hon'ble High Court of J&K to this Tribunal and renumbered as Transferred Application No. TA 90/2024.
2. The brief of the case in nutshell as per facts mentioned in TA that the Public Service Commission, issued a notification bearing no. 07-PSC of 2009 dated 09.03.2009 wherein among other disciplines 39 posts of Lecturers were notified for selection in the discipline of Information Technology. Out of 39 posts, 08 posts were meant for RBA category and the applicant had applied for consideration for appointment under the RBA category and name of the petitioner was included in the list of candidates shortlisted for interview and was interviewed on 25.06.2010 and finally the select list was published on 29.06.2010 and respondents have filled only 02 posts under the RBA category and 06 posts remain unfilled on account of non-availability of eligible candidates but applicant name was not figuring in select list.
3. Feeling aggrieved, the applicants had approached Hon’ble High Court seeking following reliefs.
i. quashing select list dated 29.06.2010 in so far as the RBA and Open Merit Categories are concerned by virtue of which respondent No. 3 and have been selected against RBA category and respondents No. 5 to 24 have been selected against open merit category without considering the case of the petitioners.
ii. quashing the decision of the Government as reflected in the notice dated 15.06.2010 to the extent it makes the degrees obtained through distance education mode issued by the Universities other than DOEACC and IGNOU as ineligible;
iii. directing the respondents to consider the case of the petitioners for selection and appointment against the posts advertised vide notice No. 07-PSC of 2009 dated 09.03.2009;
iv. directing the respondents to accept the degrees awarded by the Sikkim Manipal and Vinayaka Mission Universities through distance education mode as valid degrees.
4. The facts and grounds leading to filing of the aforesaid Transferred Application are summarized that as per notification No. 07-PSC of 2009, the Public Service Commission had only required that a candidate should be possessed of Master's Degree in the relevant field and did not prescribe any other eligibility condition and vide PSC's notice dated 15.06.2010 it was declared that degrees obtained through distance mode/study centers would not be valid except the degrees issued through distance education mode from IGNOU and DOEACC and applicants have obtained degree from on campus of the Sikkim Manipal University and Vinayaka Mission University.
5. Per contra Learned counsel for respondents vehemently denied the contention of applicant and submitted that based on the views of the Hon'ble Supreme Court in the case titled Prof. Yash Pal Sharma Vs State of Chhattisgarh, clarification from the Govt. supported by the communication from the University of Kashmir and the notifications issued by the Universities of J&K, Degrees through Distance mode, through study centers not recognized by the state universities are not the valid degrees for consideration and cannot be treated at par with the normal degrees obtained through the recognized Universities and the graduation and master degree was obtained by applicants from Sikkim Manipal University and Vinayaka Mission Uni
