JAMMU, Mar 3: Division Bench of State High Court comprising Chief Justice N Paul Vasnathakumar and Justice Alok Aradhe today directed Public Service Commission to go ahead with the selection process for 1651 posts of Assistant Professors in Government Degree Colleges and conclude the same 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 in terms whereof a candidate with M Phil would be eligible for the post, even if, he/she had not qualified the National Eligible Test/State Level Eligible Test/State Eligible Test conducted by the University Grants Commission/ CSIR/ Association of Indian University (AIU) University of Jammu/ Kashmir.
An Advertisement Notification dated 23.05.2013 was issued, by which applications were invited for selection of 1289 posts of Assistant Professors 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% marks (50% marks in case of Scheduled Caste/Scheduled Tribe and Physically and Visually Handicapped candidates) or its equivalent grade of “B” in the seven point 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/J ammu or Ph.D.
As per 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 23.12.2008 read with Government order Nos. 252-HE of 2012 dated 30.05.2012, 254-HE of 2013 dated 21.05.2013 and Communication No. Edu. Coll/Cord/774/2013 dated 22.03. 2013.
In view of Government order dated 21.05.2013, the candidates with M. Phil degree were not eligible for consideration in pursuance of the Advertisement Notification dated 23.05.2013.
After hearing counsels for both the sides, the DB observed, “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”, adding “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”, the DB said, adding “on this ground also, the impugned judgments cannot be sustained in the eye of law”.