JUDGMENT : 1. By way of the instant appeal, the appellant is assailing the order dated 6th of May, 2019 whereby SWP No. 1084/2017 has been rejected. 2. The appeal pertains to a selection process for the post of Lecturer (10+2) in the discipline of Mathematics which was conducted by the Jammu and Kashmir Public Service Commission. The advertisement dated 19th March, 2016 for the selection shows that amongst others, the respondents had invited applications for 86 posts of Lecturer (10+2) in the discipline of Mathematics, out of which nine posts were reserved for the Scheduled Tribe candidates. There is no dispute that the appellant had applied as a Scheduled Tribe candidate. 3. In the present appeal, we are concerned with the eligibility conditions' prescribed for the post. The post of Lecturer (10+2) in the discipline of Mathematics figured at serial No. 38 in the advertisement dated 19th March, 2016. For this post, the following qualification has been prescribed in the advertisement: 1. Prescribed Qualification Item No. Qualification 033 to 067 Master’s Degree in the relevant subject. 4. In the response, according to the appellant, he had clearly disclosed in the application form that he possessed the Master's Degree in Applied Mathematics. 5. The respondents contested the claim of the appellant and submitted that in the application form the appellant had mischievously indicated his qualification as 'Masters in Mathematics' and not 'Masters in Applied Mathematics'. This was one of the grounds on which the writ petition came to be rejected by the order dated 6thof May, 2019. 6. So far as this issue is concerned, the petitioner has placed before us a photocopy of the E-application form, which was submitted by him. In this application form, we find that the petitioner had disclosed that he possessed a Master's Degree in Applied Mathematics. Therefore, it would not be correct to say that the appellant had not disclosed the correct degree possessed by him. 7. We now come to the main ground on which the eligibility of the appellant was rejected by the respondent authorities, which decision stands upheld by the judgment dated 6th of May, 2019 of the learned Single Judge. 8. The learned Single Judge has agreed with the respondents that the petitioner did not possess the prescribed essential qualification of the Master's Degree in the relevant subject. 9. Before us it is staunchly contested by Mr. 8. The learned Single Judge has agreed with the respondents that the petitioner did not possess the prescribed essential qualification of the Master's Degree in the relevant subject. 9. Before us it is staunchly contested by Mr. Anil Gupta, learned counsel for the appellant that a degree of M.A. in Mathematics is equivalent to a degree of M.A. in Applied Mathematics which was possessed by the appellant. 10. We may note that nothing has been placed before us by the appellant to show that this plea of equivalence is supported by any authoritative and binding decision of a concerned and competent authority. On the contrary, the respondents have so far not drawn up any standard of equivalence. 11. We also note herein that so far as the Jammu and Kashmir Education (Gazetted) Service Recruitment Rules, 1992 are concerned, the post of Lecturer is mentioned as Clause-IX of Schedule-II of these rules, the relevant extract whereof reads as follows: Class Category Designation Grade Minimum qualification for direct recruitment Method of recruitment xxx IX … Lecturers 1700-2900 Master Degree in the relevant subject (i) 50% by direct recruitment. (ii) 50% by promotion from Master in the grade of 1300-250 and in case no suitable candidate is available from Master’s grade then by promotion from Sr. Teachers (1075-2325) and if no suitable candidate is available then by promotion from General Line Teachers (900-1830) with at least 3 years experience as teacher. 12. Thus, the qualification prescribed in the Rules for the post of Lecturer (10+2) is clearly "Master's Degree in relevant subject". The rule makes no reference to equivalence. Therefore, only a person holding this qualification is rendered eligible for selection to the post. In this background, no discretion is left, either to the respondents or this Court, to consider any other degree possessed by a candidate as being equivalent to the "Master's Degree in the relevant subject". 13. It is undisputed that the relevant subject in the instant case was Mathematics. It is not open to this Court to hold that a Master's Degree in Applied Mathematics is a degree equivalent to a Master's Degree in Mathematics, the relevant subject and thereby to hold the appellant eligible for selection and appointment to the post in question. 14. Mr. It is undisputed that the relevant subject in the instant case was Mathematics. It is not open to this Court to hold that a Master's Degree in Applied Mathematics is a degree equivalent to a Master's Degree in Mathematics, the relevant subject and thereby to hold the appellant eligible for selection and appointment to the post in question. 14. Mr. Anil Gupta, learned counsel for the appellant has placed before us a communication No. HED/GN/Gazetted/Equi/2018, dated 28.05.2019 (at page 64 of paper book) addressed by the Higher Education Department, Government of Jammu and Kashmir to the Secretary, Jammu and Kashmir Public Services Commission. Reference is made herein to the recommendations in the meeting of the Standing Committee constituted vide a Government Order No. 1384-GAD of 2018 dated 12th September, 2018 held on 22nd May, 2019, wherein it has been observed that the UGC has notified a permissible nomenclature for various degree courses. The letter points out that the Standing Committee also noted the information furnished by the representative of the Kashmir University that many degrees stood declared equivalent by the Equivalence Committee of the University. The Standing Committee considered the parity in syllabus, duration and similarities of chapters of the degree courses, equivalence whereof was examined by it. Premised on the expert advice from the University of Kashmir, Director Colleges and feedback sought from different quarters as well after conducting discussions, the Standing Committee had taken the view that the Recruitment Rules of the Department (Higher Education Department) required to be amended, whereby a degree obtained by similar qualification should be included. 15. Mr. Gupta points out that, so far as the present consideration is concerned, the Standing Committee had decided that the following prescribed qualification shall be considered equivalent to other minimum qualification mentioned against each: S.No. Subject Minimum prescribed qualification Equivalent qualification xx xx xx xx 3. Mathematics Masters degree in Mathematics Masters degree in Applied Mathematics xx xx xx xx Several other recommendations stand made. 16. It is submitted before us by Mr. Gupta that the learned Single Judge had passed an interim order dated 22nd February, 2019 requiring the Public Service Commission to determine as to whether a Master's Degree in Applied Mathematics was the same as the Degree in Mathematics as required by the Advertisement Notice dated 19th March, 2016. This submission is being noted only for the purpose of rejection. Gupta that the learned Single Judge had passed an interim order dated 22nd February, 2019 requiring the Public Service Commission to determine as to whether a Master's Degree in Applied Mathematics was the same as the Degree in Mathematics as required by the Advertisement Notice dated 19th March, 2016. This submission is being noted only for the purpose of rejection. The selection pursuant to the Advertisement Notice dated 19th March, 2016 has to be considered in terms of the then extant Jammu and Kashmir Education (Gazetted) Services Recruitment Rules, 1992. Any amendment to the Rules, if effected after issuance of the Advertisement, would have to apply prospectively. 17. For these reasons, there is no merit in this appeal which is hereby dismissed. 18. Before parting with the case, we however, take note of the fact that the matters highlighted by the Higher Education Department in its communication dated 28th of May, 2019 are not only of significance but also require urgent consideration. It is appalling that the Jammu and Kashmir Public Services Commission has not considered the matter even till date and not taken a view even after the matter is brought to its notice. The matters noted in this communication are urgent and needed to be considered by the competent authority in right earnest. 19. It may be noted that because of the failure in consideration of the matters highlighted in the communication dated 28th May, 2019, very valuable talent for selection to teaching positions would be lost in the Union Territory of Jammu and Kashmir. 20. In this background, let a copy of the letter dated 28th May, 2019 be placed before the Chief Secretary, Government of Union Territory of Jammu and Kashmir, who shall undertake an urgent examination thereof and ensure that the necessary exercise for effecting necessary amendments in the rules regarding equivalence of essential qualifications is initiated. 21. Let a copy of the letter dated 28th May, 2019 (at page 64 of paper book) and this order be sent to the Chief Secretary, Government of Union Territory of Jammu and Kashmir to ensure compliance.