Public Service Commission has authority to determine candidate eligibility including qualification relevance with expert aid; higher qualifications given weightage only after minimum met; below-benchmark candidate lacks locus to challenge selection.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Through the medium of the present petition, the petitioner seeks the following reliefs and directions-

a) Notification No. 15-PSC (DR-S) of 2023 dated 14.04.2023 issued by Respondent No.3 in terms whereof the Respondent No.4 has been selected against the post Lecturer-II (Non-Engineering) Wood Technology in skill Development Department, be quashed and set aside.

b) Notice dated 29.05.2023 in terms whereof the representation filed by the applicant against the selection of respondent No.4 be quashed and set aside.

c) The respondent Commission be directed to select and recommend the applicant against the post of Lecturer-II (Non-Engineering) Wood Technology in Skill Development Department and consequent to the recommendation made, the applicant be offered appointment against the post of Lecturer-II (Non-Engineering)

Wood Technology in Skill Development Department.

d) Such order or direction which Hon’ble Tribunal may deem fit and proper in the given facts and circumstances of the case.

Facts of the O.A

02. The case of the applicant, in brief, is that the Commission (RespondentNo.3), issued a Notification bearing No. 6-PSC (DR- P) of 2022 dated 24.01.2022(Annexure-III), inviting applications through online mode, among others, (02) two posts, one each, under Open &RBA Category, of Lecturer-II (Non-Engineering) Wood Technology in Skill Development Department, prescribing the following qualifications:

03. As per the scheme of selection, the selection process was required to be conducted in accordance with provisions laid down in Jammu and Kashmir Public Service Commission (Business &Procedure) Rules, 2021 as amended from time to time (herein referred to as ‘the Rules of 2021’), with special reference to Rule

43 (i).

qualification, submitted an online application pursuant to the advertisement notice. The Commission (Respondent No.3), thereafter conducted a written test for the said post and vide Notification No. PSC/Exam/2022/39 dated 19.12.2022 (Annexure- IV), declared the result thereof, wherein the applicant was declared successful. Subsequently, the candidates who qualified in the written test were called upon to appear for the oral test/viva voce

05. It is further the case of the applicant that Rule 28 of Recruitment Rules mandates that, while determining eligibility, no claim of equivalence in the minimum required/prescribed academic shall be entertained by the Commission (Respondent No.3)unless such equivalence is expressly provided in the Rules and duly certified by the Government in the requisitioning department. The applicant contends that, in contravention of the aforesaid mandatory provision, the Commission (Respondent No.3) entertained and accepted the applications of ineligible candidates on the basis of claimed equivalence and permitted them to participate in the selection process.

06. It is the case of the applicant that, upon verification of documents, it was found that certain candidates possessed Degree/Diploma qualification in subjects other than those prescribed, whereupon the Commission (Respondent No.3) vide OM No DSD- Gen/11/22/2023-CC-7114691 dated 03-02-2023(Annexure-V) sought clarification regarding the equivalence of such qualification for initiating interview process. The matter was, thereafter, referred to the Standing Committee constituted vide Govt. Order dated 12.09.2018 (Annexure-VIII) for consideration.

07. The applicant contends that, without awaiting the decision of the Standing Committee and in c