Excelsior Correspondent
JAMMU, June 19: High Court has held that those persons, who have to their credit M Phil Degrees on the last date prescribed in the Notification dated May 23, 2013, would be eligible to be considered for appointment as Assistant Professors in accordance with the Rules of 2008 notified Vide SRO 423 and in terms of the earlier judgment and order dated October 3, 2013.
This order was passed by Justice Dhiraj Singh Thakur in a petition filed by 31 candidates possessing M Phil degrees.
Senior Advocate K S Johal with Advocate Sumeet Bhatia appearing for the petitioners submitted that with a view to nullify the effect of the judgment passed in favour of some of the petitioners in the present writ petition vide order dated October 3, 2013, the Government has issued SRO No.124 dated April 21, 2014 whereby the candidates possessing only M Phil degrees are held not eligible to apply for the post of Assistant Professors.
“The right which had accrued to the petitioners based upon the qualification possessed by them in terms of the rules existing on the date of earlier notification, cannot be taken away by resorting to impugned notification/SRO amending the rules during pendency of the selection”, he further submitted, adding “SRO could have only prescribed amended qualification but could not have taken away the vested rights of the petitioners in the earlier writ petitions, who possessed M Phil degrees”.
After hearing the counsels for the petitioners, Justice Dhiraj Singh Thakur issued notice to the respondents returnable within four weeks. Meanwhile, the High Court ordered that the petitioners, who were petitioners in the earlier petition and those, who had to their credit M Phil degrees on the last date prescribed in the earlier notification dated May 23, 2013, would be eligible to be considered for appointment as Assistant Professors in accordance with the Rules of 2008 notified Vide SRO 423 and in terms of the earlier judgment and order dated October 3, 2013.
“The vacancies to the extent as were notified by virtue of earlier notification dated May 23, 2013 would not be filled up pursuant to the notification impugned May 29, 2014”, the High Court directed.
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