Excelsior Correspondent
SRINAGAR, Jan 20: The High Court today directed Public Service Commission (PSC) to conduct interview of candidates with Ph.D qualification after they produce certificates from respective universities, attesting that their degrees are in conformity with University Grants Commission regulations 2009.
Hearing a petition by a number of aggrieved candidates, Justice Ali Mohammad Magrey also directed the universities to accord consideration for issuing the certificates in favour of eligible candidates with a week.
The court passed the direction after hearing counsel for aggrieved candidates M Y Bhat, who submitted that his clients responded to advertisement notice (No.09 PSC (DRP) of 2013), dated 23-5-2013, issued by the Commission against post of Assistant Professor in various disciplines.
Advocate Bhat said that petitioners are entitled to benefit of exemption from written test as they have been awarded with Ph.D Degrees in accordance with UGC (minimum standards and procedure for award of Ph.D degrees regulations), 2009, and therefore the PSC was required to allow them to participate in selection process by conducting their interview along with all other eligible candidates.
Bhat invited the court’s attention to the degrees of doctors of philosophy granted to the petitioners by universities which according to him satisfy requirement of the regulations of 2009.
He also submitted that there is no mechanism provided in SRO 124 of 2014 (amending J&K Education Gazetted College Service Recruitment rules 2008) and as such commission cannot determine the eligibility with regard to grant of benefit of exemption as such authority is only vested with the university concerned.
He contended that there is no difficulty for the petitioners to get the certificates with reference to having completed the courses in accordance with the regulations of 2009, from the concerned universities but it is time consuming affair.
“By the time petitioners approaches respondent universities and obtain certificates, the process of interview will be complete,” he said, adding that in order to avoid eventuality of non-consideration, petitioners be allowed to compete in the selection process.
Advocate Azhar-ul-Amin, representing the PSC, submitted that there was no difficulty for the commission to interview a candidate and accord him benefit of exemption, if he satisfies requirement provided under regulations of 2009.
Advocate Anees Ul Islam, counsel representing a university from where some candidates have obtained the degree, submitted that the regulations of 2009 have already been scrutinized and upheld by the Supreme Court.
“In order to do justice, it would be appreciated to protect the interest of the petitioners by showing indulgence at this stage,” the court said and issued notice to the respondents with a direction to file replies.
“In the meantime, respondent 3 and 4 (universities) are directed to consider the claim of petitioners for issuance of certificates with reference to having completed the Ph.D degrees in accordance with university grants commission (minimum standards and procedure for award of Ph.D degrees regulations), 2009,” the court said and directed them to accord consideration and issue the certificates in the event petitioners are found eligible, within one week.
The Commission on production of such certificates by petitioners, the court said, shall give them exemption and conduct their interview.
“The decision with reference to merit obtained by petitioners shall be kept in a sealed cover and produced before this court by next date of hearing. The petitioners shall be interviewed notwithstanding closure of the date of interview,” the court said and listed the petition for further consideration after four weeks.
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