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2025 Supreme(Online)(CAT) 3038
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Mujtaba Ashraf And Ors – Appellant
Versus
Higher Education Department – Respondent
O.A./66/2025
Mr. Bhat Fayaz, Mr. Dewakar Sharma, ld D.A.G : Mr. F A Natnoo, ld counsel for JK PSC
The court mandated that only candidates with recognized qualifications for Assistant Professors in Information Technology be considered, emphasizing adherence to established eligibility criteria.
Headnote:(A) Public Service Commission Regulations - Eligibility Criteria for Assistant Professors - The applicants challenged the provisional selection list for Assistant Professors in Information Technology, asserting that selected candidates lacked requisite qualifications. The court directed the Public Service Commission to treat the application as a representation and issue a speaking order within four weeks, staying the selection list until then. (Paras 1, 6, 9)
(B) Equivalence of Qualifications - The court emphasized that qualifications not recognized as equivalent to MSc in Information Technology should not be considered for selection, reaffirming the importance of adhering to established eligibility criteria. (Paras 3, 4)
Facts of the case:
The applicants contested the selection of candidates with qualifications such as MCA and M.Tech in fields unrelated to Information Technology for the post of Assistant Professor, arguing that these qualifications were deemed irrelevant by the Equivalence Committee. (Paras 1, 3)
Findings of Court:
The court found merit in the applicants' concerns and directed the Public Service Commission to address their representation regarding the qualifications of selected candidates. (Paras 6, 9)
Issues: The main issues included the eligibility of selected candidates and the proper consideration of the applicants' representation regarding qualifications. (Paras 1, 6)
Ratio Decidendi: The court ruled that the Public Service Commission must adhere to the established equivalence of qualifications and ensure that only eligible candidates are considered for selection. (Paras 3, 4)
Result: OA disposed of with directions.
ORDER
(Per: Hon’ble Mr. Rajinder Singh Dogra)
1. That the applicants are aggrieved of the provisional selection list notified by the Public Service Commission by virtue of which the private respondents have been provisionally selected. Despite the fact that the private respondents are not eligible for appointment against the post of Assistant Professor Information Technology The applicants submit that the respondent Public Service Commission issued a notification No. 06-PSC (DR-P) of 2023 dated 01.03.2023 for filling up the post of Assistant Professors in different discipline in Government Degree College of Jammu and Kashmir in Higher Education Department including the post of Assistant Professor in the discipline of Information Technology.
2. The applicants file OA seeking following relief.
i. An order or direction seeking quashment of provisional selection list issued by the Public Service Commission to the extent of Assistant professors Information technology by selecting the private respondents visa vis appointment order if any made on the strength of the said provisional selection list be also quashed and set aside by this Hon'ble Court to the extent of the private respondents.
ii. An order or direction directing the respondents to reframe the merit list and consider the candidates possessed of the basic qualification of post-graduation Information Technology for appointment /selection against the post of Information Technology and consider the applicants for appointment /promotion against the post of Assistant Professors in light of the rules in vogue.
iii. An order or direction directing the respondents to select/appoint the applicants against the Post of Assistant Professors Information Technology and ensure that no other candidate who is not possess of the qualification of MSc Information Technology be allowed to participate in any other selection process which may be conducted by the Public service Commission. Further respondents be directed to ensure that the selection is confined to the extent of the candidates who are possessed of qualification of MScInformation Technology and none other than the candidates possess of the qualification of MSc IT be considered or selected against the post of Assistant professor Information technology iv. Any other order or direction which the Hon'ble Tribunal may deem fit and proper in the given facts and circumstances of the case be also passed in favour of the applicant and against the respondents.
3. Ld counsel for applicants submitted that the private respondents who have been selected in terms of the notification have the qualifications like MCA/MTech /MSc Computer Science who are not eligible for the Post Of Assistant Professor Information Technology as the Commission way back in the year 2021 has already dealt with the issue. However, in terms of notice dated 05.03.2021. The candidates who were possessed of the qualification other than the MSC in Information Technology also who submitted their application forms against the advertised post of Assistant Professors in Information Technology which were advertised for higher education department in the year 2017. The public service Commission took up the matter with the Higher Education Department for clarification who furnished the minutes of the Equivalence Committee held on 10.09.2020 as per the decision of the Equivalence Committee, the Master's Degree in M.Tech in Computer Science and Engineering, M.Tech in information technology, Computer Application, M.TECH Information Security and cyber forensics, M.Tech in remote sciences and GIS M.Tech in computer science, M.Tech in Communication Information Technology, Masters in Computer Application Informatics, M.TECH and Software Engineering are not equivalent to the qualification prescribed for the post of Assistant professor information technology .Rather, the candidature of those candidates who were possessed of those qualifications was held to be an irrelevant qualification, Master De
