Dr Hamid Iqbal
The State higher education department first advertised the post of Assistant Professors in 2013 in reference to Govt. order 252 without amending the old recruitment rules. The M.Phil candidates who were rendered ineligible as per Govt. Order 252 challenged the notification in the Hon’ble High Court on the grounds that they were eligible as per the law holding the ground (Old recruitment rules). The State Higher Education Department in arrogance instead of accepting the mistake withdrew this notification and re-advertised with amended rules. The problem starts here as these rules were adopted in hurry and the UGC was already facing criticism in framing of UGC 2009 regulation. This new notification nullified the PhD degree registered/awarded prior to July 2009. Meaning all PhD candidates were ineligible but they were kept in dark by PSC by inserting a clause in the new notification that “those who have already applied need not apply”. Even the higher education department was unaware of it and when the PSC started the process of rejection of candidates the scholars started running to their respective universities. They could not think even in the distant dream that their degrees are no more valid.
The winters towards the end of 2015 had set in and it was cold and freezing and it marked the beginning of a long struggle against the disqualification of Ph.D scholars in the recruitment of State run Degree Colleges by Public Service Commission. I along with few friends from Kashmir were among very few who began to mobilize scholars and making them aware that each and every PhD candidate registered/awarded before July 2009 has been rendered ineligible. Most of them could not understand and primarily because of the fact that it was difficult for them to understand that their degrees have been invalidated and all years of hard work has been wasted. It was distressing when both the State Universities instead advising the Higher Education Department started issuing the compliance of UGC 2009 regulation certificate irrespective of the fact that whether they had complied the regulation or not. It was illogical to believe that they could have followed this regulation in totality, much prior to its adoption in July 2009 by UGC. So we resisted and ultimately they conceded by withdrawing all the certificates issued to all students. This was the first example how rules are framed only in papers in our state in fact there is no rule or law in Jammu and Kashmir. None of the outside universities issued any such certificate. I have witnessed Rules for fool’s policy in our state.
Now I along with few friends gathered in Jammu and constituted what later was named as All J&K PhD Association. Since the process of rejection was initiated by PSC I led the delegation and met the Chairman and the Controller. I must say that both of them were humble and heard us patiently but cited incapacity to help by stating “even if the rules are faulty they have to follow it”. I at once understood we must go to parent department meaning Higher Education Department. So we started another round of discussion of meeting Commissioner Secretary Higher Education. At that time Ms Sarita Chauhan was heading the department and it was terrible time with her in the office and she was arrogant and I still can’t forget those ten minutes in her office. It was hell. She even did not listen and started shouting. Now what? As few of my friends accompanying me were from valley, one among them suggested to go and visit Education Minister. We went to his palatial official residence in Gandhi Nagar late in the evening and he did not meet and a message was sent to come in the morning. We left after handing over the application to one security personal and told him to deliver it to the minister. In the morning we were the first to visit his house only not to find him there. We waited nearly two hours before he returned from his morning walk and he was a complete dejection for us, as he even did not raise his head and as I began to speak……, his words were GO TO COURT. When were leaving one of his help told us that he had read the application.
The death of Chief Minister Mufti Mohammed Sayeed resulted in dissolution of the cabinet. We left for Delhi and it coincided with an all India protest in New Delhi. This demand of amending the UGC 2009 regulation was in the air for quite some time now but official work takes time. We got breather from HRD ministry and UGC amended the regulation to incorporate the PhD candidate’s registered/awarded PhD prior to July 2009 in April 2009. But in our state the rules are followed according to will not according to rules itself. This I came to know when the amended rules were adopted in gross violation of the UGC 2009 regulation itself. The UGC 2009 regulation comes with a set of criteria to be followed for selection. However, PSC started the procedure of shortlisting as per Rule 40 of 1980, which defeated the very purpose of UGC 2009 amended regulation. Further more the application of Rule 40 is no more justified in view of the fact that MSc is no more the basic qualification for the said positions. Therefore, shortlisting merely on the basis of percentage in MSc, is not only invalid but against the existing rules itself. Its application in an unjust manner can never be justified in light of the law holding the ground.
Few rejected candidates have been appointed in Central Universities of Jammu and they were not even shortlisted by JKPSC. Who will do justice to those who have been badly affected by this rule? Sadly there is no rule of law prevailing in the state! Let them give a clarification in this regard. They cannot justify the halfhearted or selective application of UGC 2009 regulation and application of Rule 40 under amended recruitment rules is unwarranted. They have gone ahead with the recruitment with faulty rules or wrong application of rules. Who will question them? No one…. They have mastered the art in silencing the suppressed by virtue of lies and more lies. Spread lies to an extent that it appears to be truth. There is no education policy in the state and there is no rule of law.
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