JAMMU: The Division Bench of Jammu and Kashmir High Court, comprising Chief Justice N Paul Vasanthakumar and Justice Alok Aradhe, while deciding bunch of Letter Patents Appeals (LPAs) and setting-aside the judgment of Writ Court on Friday directed Public Service Commission (PSC) to conclude the process of selection of 1,651 posts of Assistant Professors expeditiously in accordance with law.
In the LPAs, it has been submitted that recruitment to the posts of Assistant Professors in various Government Degree Colleges of the State is governed by the Jammu and Kashmir Education (Gazetted) College Service Recruitment Rules, 2008 (hereinafter referred to as the Rules of 2008), which have been notified vide SRO 423 of 2008 dated 23rd December 2008, through which a candidate with M. Phil would be eligible for the aforesaid posts, even if, he/she had not qualified the National Eligibility Test/State Level Eligibility Test/State Eligibility Test conducted by the University Grants Commission/CSIR/ Association of Indian University (AIU) and University of Jammu/Kashmir. An Advertisement Notification dated 23rd May 2013 was issued, by which applications were invited for selection of 1,289 posts of Assistant Professor in various disciplines in the Government Degree Colleges of the State. As per the advertisement notification, the prescribed qualification was Master Degree in the subject concerned with at least 55 per cent marks (50 per cent marks in case of Scheduled Caste/Scheduled Tribe and Physically and Visually Handicapped candidates) or its equivalent grade “B” in the seven points scale from an Indian University or an equivalent course/degree from an Indian/Foreign University with NET/SLET conducted by the UGC/CSIR/ Association of Indian University (AIU) University of Kashmir/Jammu or Ph.D. In the note appended to the advertisement notification, the selection process was required to be undertaken strictly in accordance with the terms of SRO 423 of 2008 dated 23rd December 2008 read with Government order Nos. 252-HE of 2012 dated 30th May 2012, 254-HE of 2013 dated 21st May 2013 and Communication No. Edu. Coll/Cord/774/2013 dated 22nd March 2013. In view of Government order dated 21st May 2013, the candidates with M. Phil degree were not eligible for consideration in pursuance of the Advertisement Notification dated 23rd May 2013. The Division Bench observed that in any case, even if other view of the matter is taken then also impugned judgments cannot be sustained in the eyes of law for yet another reason, namely law of precedent. It is trite law that judgment of the coordinate Bench is binding on the subsequent Bench of the same High Court and in case of disagreement the subsequent Bench is liable to refer the matter for examination by a larger Bench by recording reasons for disagreement. “In the instant case even though in the impugned judgments reference has been made to the judgment delivered in Srinagar Wing of this Court, which admittedly was delivered prior to point of time, yet instead of referring the same to larger Bench by recording reasons of disagreement, contrary view has been taken which is not permissible in law. On this ground also, the impugned judgments cannot be sustained in the eye of law”, the DB observed.