Participation in interview mandatory for selection rights; voluntary absence bars challenge to process.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The WP(C) No. 3170/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No. 1114/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

In the premises of the foregoing submissions and more to be added at the time of arguments, it is respectfully prayed that the Hon'ble Court may very kindly be pleased to issue appropriate writ, order or direction in the nature:

WRIT OF MANDAMUS;

i) Commanding upon the official respondents to consider the candidature of the petitioner and to conduct his interview for the post of Assistant Professor (Information Technology) in Higher Education Department, with a further direction to select and appoint the petitioner for the said post, on the basis of his merit.

WRIT OF CERTIORARI;

i) Quashing the impugned select list notified by virtue of Notification no. 44-PSC(DR-S) of 2018 dated: 11-09-2018 and_ no. PSC/DR/Asstt.Prof/IT/117, dated: 11-10-2018, so far it pertains to private respondents, who despite being lesser in percentage than the petitioner and merit, were interviewed and selected.

ii) Quashing the impugned order 599-HE of 2018, dated: 11-12-2018 by virtue of which the private respondents were appointed as Assistant Professors (Information Technology) in Higher Education Department.

Any other writ, order or direction, deems appropriate in the facts and circumstances of the case, may also be issued in favour of the petitioner as against the respondents.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of WP(C) No. 3170/2019, which was initially filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon constitution of this Tribunal, stood transferred and registered as T.A. No. 1114/2020.

b) The applicant participated in the selection process initiated pursuant to Notification No. 12-PSC(DR-P) of 2014 dated am the author of this document Location: 29.05.2014, whereby the Jammu and Kashmir Public Service Commission invited applications for filling up posts of Assistant Professor in various disciplines, including 12 posts in the discipline of Information Technology, to be filled in Government Degree Colleges of the erstwhile State of Jammu and Kashmir.

c) As per the advertisement, the essential qualification prescribed was a Master’s Degree in the relevant subject along with NET/SET/SLET or Ph.D. However, it was specifically clarified in the advertisement itself that NET/SET/SLET shall not be required for disciplines for which such examinations are not conducted. Since no separate NET/SET/SLET examination is conducted for the discipline of Information Technology, candidates possessing the requisite Master’s Degree were treated as eligible.

d) The applicant, being an Open Merit candidate and holding B.Sc. and M.Sc. (Information Technology) degrees from recognized universities, applied for the said post and his application was accepted. He was accordingly found eligible am the author of this document Location: and his name figured in the interview schedule notified vide Notice No. PSC/DR/AP/IT/13 dated 16.08.2018, fixing the interviews for 28.08.2018 and 29.08.2018.

e) The grievance of the applicant is that although his name appeared in the interview notice, the said notice required candidates to produce NET/SET/SLET certificat