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J&K High Court · body

2002 DIGILAW 11 (JK)

Harpreet Kour v. State

2002-02-12

T.S.DOABIA

body2002
1. The Jammu and Kashmir Public Service Commission vide notification No. 8-PSC of 2001 dt. 18th May. 2001 informed the public at large that the vacancies are available for the post of Lecturer in the discipline of Political Science. The date of eligibility was indicated therein. The candidates were supposed to possess the requisite basic qualification as on 2nd July, 2001. So far as the basic qualification is concerned, the petitioner does not possess the same and there is no dispute regarding this. 2. The further fact which is required to be taken note of and on which the entire controversy hinges is that on 8th Nov. 2001, a short-listing criteria was indicated. It was qualification of M. Phil/Ph.D degree in the discipline would not be required to appear in the screening test and mere possession of this qualification would enable them to be called for interview. 3. The learned counsel for the petitioner submits that the petitioner came to possess Ph.D degree on 17th Oct. 2001, i.e. before 8th Nov. 2001 i.e. the date on which short listing was done, and therefore, the petitioner should not be called upon to appear in the screening test. It is submitted that she should be interviewed without insisting on her to appear in the screening test. 4. The stand taken by the respondents is that all the qualifications must exist on the date mentioned in the original notification i.e. 2nd July, 2001. It is accordingly submitted that the basic qualification as also this qualification which would enable a candidate to seek exemption form appearing in the screening test are required to be possessed on 2nd July 2001. 5. It be seen that the basic qualifications which have been fixed and which enable a candidate to seek appointment have been indicated in the notification issued on 18th July, 2001. The outer date for possessing these qualifications was fixed as 2nd July, 2001. Petitioner, as indicated above, does possess this qualification. However, as indicated above, the dispute is with regard to the acquiring of M.Phil or Ph.D qualification. According to the petitioner, as she acquired this qualification before 8th Nov. 2001 i.e. date on which short listing criteria was fixed therefore, she should not be called upon to appear in the screening test. I am of the opinion that there is merit in the submission made by the petitioner. According to the petitioner, as she acquired this qualification before 8th Nov. 2001 i.e. date on which short listing criteria was fixed therefore, she should not be called upon to appear in the screening test. I am of the opinion that there is merit in the submission made by the petitioner. A distinction has to be made between the eligibility criteria and the criteria adopted for short listing. The eligibility criteria has to be possessed by a candidate on the date fixed by the respondents i.e. 2nd July, 2001. This condition was fulfilled by the petitioner. Had the respondents fixed the criteria for short listing also in the initial notification i.e. 18th July, 2001, then the case would have to be examined on a different footing. In the present case, the criteria for short listing has been fixed on a later date. It is on this date, the requisite qualification fixed for short listing is required to be taken note of. The petitioner did possess the qualification fixed for short listing criteria much before the date of the said notification i.e. 8th Nov. 2001 therefore, the petitioner is held entitled to the benefit of notification dt.8th Nov. 2001. It is as indicated above, this date on which the requisite qualification required for short listing is required to be taken note of. Any other interpretation can lead to an argument being raised that the respondents have fixed the selection criteria with the view to help a particular person. With a view to avoid this a criticism, all those candidates who happen to acquire Ph.D or M.Phil qualification on the above date, are not required to appear in the screening test. Any other interpretation, as indicated above, can lead to adverse inference being drawn. Such a course has to be avoided. In view of the above, this petition is allowed. The petitioner and all other persons who posses M.Phil or Ph.D degree before 8th Nov. 2001 be interviewed without calling upon them to appear in the screening test. This petition which was admitted and taken up for final disposal with the consent of the parties, is disposed of in the manner indicated above.