M.K.HANJURA, J. - (1.)In this writ petition, the petitioner, implores for the grant of a writ of Certiorari in quashing the selection of respondent No. 4 as Assistant Professor, Home Science, notified vide impugned notification No. 35-PSC (DR-S) of 2016 dated 29-11-2016 attached as Annexure-"D" to the petition. A writ of Mandamus is also sought to command the respondents to select and appoint the petitioner against the post of Assistant Professor, Home Science under the RBA Category, with all consequential benefits.
(2.)The facts, as pleaded in the petition on hand, are that in the year 2014, the respondent No. 2- The J&K Public Service Commission, Srinagar/Jammu, through its Secretary, invited applications from the permanent residents of J&K, having the prescribed academic qualification for filling up the posts of Assistant Professors in various disciplines, including 01 post in the discipline of Home Science under the RBA category. The said notification provided that the candidates must fulfil all the essential requirements laid down for the post as also the other conditions stipulated in the advertisement notification itself, meaning thereby that the absence of any basic requirement, provided in the advertisement notification, would entail the rejection of the application of the aspirant. It is further stated that the petitioner, fulfilled the eligibility criteria. She responded to the advertisement notification and sought consideration against the post of Assistant Professor in the discipline of Home Science under the RBA category. It is also pleaded that the respondent No.4 also responded to the notification but he was not eligible to hold the post for the reason that he did not fulfill the criteria laid down for the post. It is further averred that on the 25th of November, 2016, the respondent No. 2 invited all the candidates to take part in the interview including the respondent No. 4, though he was ineligible for being considered against the said post and, consequently, he was selected as Assistant Professor in the discipline of Home Science under the RBA category vide notification No.35-PSC (DR-S) of 2016 dated 29-11-2016.
(3.)Aggrieved by the notification dated 29-11-2016, the petitioner has assailed the same in this writ petition on the grounds, inter alia, that the respondent No. 4 lacked the prescribed qualification provided in the basic advertisement notification dated 29-05-2014 and, therefore, his application, seeking selection/appointment, ought to have been rejected by the respondent No.2 at the threshold. It is further stated that the notification dated 29-05-2015, makes it manifestly clear that the qualification prescribed for being considered/selected for the post of Assistant Professor in the discipline of Home Science was that a candidate, besides having other requisite qualifications, must possess a Masters Degree in the relevant subject. That apart, the respondent No.4 has acquired his Masters Degree from Indira Gandhi National Open University -IGNOU, through Distance Education Mode and that too in the discipline of Dietetics and Food Services Management (MSCDFSM) and not in the discipline of Home Science. Therefore, the respondent No.4 having the degree of MSCDFSM could not apply for the post of Assistant Professor in the discipline of Home Science. The petitioner has further stated that in terms of clause VI of the Government Order No. 252-HE of 2012 dated 30-05-2012, the degree obtained in the science subject through Distance Mode is not recognized for the purpose of employment. Therefore, the selection of the respondent No. 4 as against the post of Assistant Professor, Home Science, is illegal and in violation of the aforesaid Government order. Furthermore, in the decision dated 21-02-2012 taken by the Equivalence Committee of the Registrar, University of Kashmir, Srinagar, it has been resolved that the degree of MSCDFSM, obtained by the respondent No.4 from the IGNOU cannot be considered as equivalent to M.Sc. Dietics and Clinical Nutrition. This being the case, the basic consideration as well as the selection of the respondent No.4 against the post of Assistant Professor, Home Science, suffers from an illegality and deserves to be quashed. Besides this, the Circular dated 06-09- 2012, issued by the respondent No. 3, through the Assistant Registrar (Academic), confirms, in unequivocal terms, that the degrees awarded by the Universities in Science Stream through Distance Mode are not considered as equivalent to the corresponding degrees of the University. It is also clarified in the said Circular that the degrees obtained from IGNOU in Non-Science stream subjects are considered as equivalent to the corresponding degrees. It is further averred that in absence of any equivalence granted by the State Universities to the degree, possessed by the respondent No.4, his candidature/selection against the post of Assistant Professor in the discipline of Home Science, is illegal, unconstitutional and arbitrary and deserves to be struck down.