Participation in selection process estops merit-based non-selection challenge absent proven illegality or arbitrariness.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WPC/2658/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1014/2021 by the Registry of this Tribunal.

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

IN THE PREMISES

It is, therefore, respectfully prayed that for the reasons stated hereinabove and those to be urged at the time of hearing, by issuing appropriate writ, direction or order in the nature of writ of certiorari:-

(1) Select list issued vide Notification 19-PSC(DRS) of 2016 dated 29.06.2016 by the respondent No. 2 in so far as it pertains to the private respondents No. 4 to 13 herein;

(ii) Select list issued vide Notification No. 23-PSC(DR-S) of 2016 dated 19.09.2016 pertaining to respondents No. 14 & 15.

(iii) Order of appointment issued vide Government Order No. 268-HE of 2016 dated 16.08.2016 in so far as it pertains to private respondents No. 4 to 13. be quashed.

AND By issuance of further appropriate writ, direction or order in the nature of Writ of Mandamus the respondents be commanded:-

i) to remove the private respondents No. 4 to 13 from their appointment as Assistant Professors Mathematics in the Department of Higher Education;

ii) to direct the officials respondents to make appointment of the petitioners; AND By issuance of further appropriate writ, direction or order in the nature of Writ of Prohibition:-

i) the official respondents restrained to allow the private respondents any benefits of the service on account of their selection and appointment and allow them to further substantive appointment after the period of probation of 2 years. The official respondents be restrained from making appointment of the private respondents No. 14 & 15 on the basis of the Notification No. 23-PSC(DR-S) of 2016 dated 19.09.2016. or

ii) In the alternative; by issuance of further appropriate writ, direction or order in the nature of Mandamus; the notification dated 4th of May, 2016 issued by the University Grants Commission being the University Grants Commission on Minimum qualification for appointment of Teachers and other Academic Staff for Universities and Colleges and Measures for the maintenance of standards in Higher Education (3rd Amend Regulation) 2016 issued under No. F1- 2/2016(PS)Amendment in so far as it relaxes the condition of award of degrees to candidates for M. Phil/Ph. D. programme prior to July 11, 2009 and exempt them from the mandatory requirement of minimum eligibility condition of NET/SLET/SET for as recruitment and appointment Assistant Professor or equivalent position in Universities / Colleges / Institutions. as indicated in Regulation 3.3.1 of the vires the notification as ultra Constitution of India and the provisions of the J&K Education (Gazetted) College Service Recruitment Rules, 2008; OR; further

iii) In the alternative, the respondents be directed to read down the regulation 3.3.1 of the notification prospectively and not retrospectively much less contrary to the eligibility conditions as prescribed in the SRO 124 viz. the J&K Education (Gazetted) College Service Recruitment Rules, 2008 for the post of Assistant Professors wherein the exemption from the requirement of minimum qualification of NET/SLET/SET has been granted to those Ph. D candidates who or have been granted Ph.D. degree in accordance with the UGC Minimum Standard and Procedure for Award of Ph.D. Degree Regulation, 2009. WITH Such other additi