JUDGMENT

1. An Advertisement Notification bearing No.Adm/TW/C&R/23/311 dated 09.06.2023 was issued by the Registrar of Jammu University inviting applications, complete in all respects, for making recruitment to various faculty positions. The Advertisement Notification included one post of Assistant Professor Sociology earmarked for reserved category of Economical Weaker Section (EWS). The petitioner, claiming to be a member of EWS category, also applied for the said post. Amongst other applicants for the post, respondent No.4 had also sought consideration under EWS category.

2. The process of selection, conducted by the University, culminated into issuance of the Provisional Select List by the Registrar vide his No. Adm/TW/C&R/24/1743 dated 29th January, 2024. Respondent No.4 was shown as provisionally selected for the post in question under EWS category. Feeling aggrieved, the petitioner has approached this Court through the medium of instant petition filed under Article 226 of the Constitution of India to throw challenge to the selection of respondent No.4. Selection of respondent No.4 is challenged, inter alia, on the following grounds:-

i) Because respondent No.4, who does not possess „EWS‟

category certificate issued under the Jammu & Kashmir Reservation Act, 2004 and the Rules framed thereunder, is ineligible to be considered for the post in question notified under and meant for EWS category. The petitioner, it is submitted, possesses an EWS category certificate issued by the Tehsildar Akhnoor as per Annexure-I appended to Office Memo No. No.36039/1/2019-Estt (Res) dated 31.01.2019 issued by

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the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, New Delhi and, thus, cannot be made use of for availing the benefit of reservation for recruitment for the posts notified by the University of Jammu.

ii) Because respondent No.4 being a candidate belonging to the category of resident of an area adjoining to the international border (educationally backward class) is otherwise ineligible to obtain „EWS‟ category certificate under the provisions of Jammu & Kashmir Reservation Act and the Rules framed thereunder.

3. Having regard to the fact that pure questions of law are involved for determination and that there is no dispute on facts, learned counsel appearing for respondent No.4 has chosen not to file written objections. The University has filed its reply affidavit and has explained the manner in which it has carried out reservations in respect of recruitment to various faculty positions in the University.

4. Having heard learned counsel for the parties and perused the material on record, following questions arise for determination in this case:-

i) Whether the University of Jammu established under the Kashmir and Jammu Universities Act, 1969 [“1969 Act”] is obliged in the matter of recruitment to teaching faculty positions in the University, to provide

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reservation in terms of J&K Reservation Act, 2004 and the Rules framed thereunder?

ii) Whether University of Jammu, a UGC recognized University and being bound by UGC Regulations (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education), Regulations 2010 [“ 2010 Regulations”], shall, in the matter of recruitment to Teaching Faculties (teachers and other academic staff), be governed by the Rules and Norms of reservation prescribed by the Government of India or by the provision for reservations made by the State or Union Territory within whose territorial jurisdiction it is situated.

iii) Whether respondent No.4, who possesses a valid „EWS‟

category certificate issued by the competent authority under the reservation norms of the Government of India but is ineligible to obtain similar certificate under the J&K Reservation Act, 2004 and the Rules framed thereunder, was eligible and entitled to be conside