DB stays quashing of appointment of 09 Assistant Professors of Dogri

JAMMU: In a Letter Patents Appeal (LPA) filed by Ganga Sharma and eight others, whose appointment and selection as Assistant Professors of Dogri was quashed by the Single Judge, a Division Bench of State High Court comprising Justice Tashi Rabstan and Justice M. K. Hanjura stayed the operation and effect of the impugned judgment.
During the course of hearing, Adv. Abhinav Sharma for the appellant, submitted that the respondent Public Service Commission issued an Advertisement Notification No. 12-PSC (DRP) of 2014 dated 29-05-2014, whereby the applications were invited for the posts of Assistant Professors in various disciplines including 13 posts in the subject/ discipline of Dogri and further submitted that all the appellants as also the contesting respondents and proforma-respondents being eligible respondents to the aforesaid advertisement.
He submitted that pursuant to the selection process conducted by the PSC, the select list came to be issued vide Notification No. 02-PSC (DR-S) of 2016 dated 02-03-2016, whereby and where under, three candidates including appellant No. 1 were selected under SC category and four posts under Open category were reserved under various Court orders and in so far as, appellants No. 2, 3 & 4 are concerned, they were selected under RBA category, appellant No. 5 was selected under SC category and in so far appellant No. 6 is concerned, she was selected under ST category.
Adv. Abhinav Sharma further submitted it is stated that proforma respondents No. 4 & 5 were selected under Open category and proforma-respondent No. 6 was selected under ALC category, however, none of the contesting respondents find place in the select list. Adv. Sharma further submitted that since the selection of the appellants was not stayed by the Court, therefore, vide Government Order No. 227-HE of 2017 dated 18-04-2017 passed by respondent No. 1 (PSC), the appellants were appointed as Assistant Professors in their respective categories, whereas four posts under Open/General category remained vacant on account of various Court orders.
“It was further stated and pleaded in the objections that the experts possessed vast experience and knowledge of Dogri language, therefore, were eligible to be associated as experts and no formal educational qualification in Dogri was required either under UGC Regulation 2010 or under J&K Education (Gazetted) College Service Recruitment Rules 2008,” Adv. Sharma submitted and added “Despite the aforesaid specific stand taken by the appellants and also by the PSC in their separate objections, the Single Judge vide judgment and order impugned dated 27-09-2017 quashed the selection and consequent appointment of the appellants by holding that the experts in the absence of any educational qualification in Dogri language were ineligible to be associated as experts and their vast experience and their eminence in Dogri language was of no relevance.”
“Aggrieved of the impugned judgment and order dated 27-09-2017, the appellants challenged the same amongst others on several grounds enumerated in the LPA,” he added.