HC directs respondents to take the selection process of AP Cl. Biochemistry to its logical conclusion
JKUT (Jammu), August-03-2021-( JNF):- Justice Ali Mohammad Magrey directed respondents to take the selection process of Assistant Professor Cl. Biochemistry to its logical conclusion by considering all the eligible candidates, including the Petitioner, in tune with the merit position obtained by the said candidates.
The precise case of the Petitioner is that he, having M. Sc
Biotechnology and Ph. D in Biochemistry qualification, applied for the post of Assistant Professor Cl. Biochemistry in pursuance to advertisement notice No. 07 of 2016 dated 5th of September, 2016 issued by the Respondents. It is submitted that the Petitioner had more than 05 years of teaching and Research experience, including 03 years of Sr. Resident-ship in the subject of Biochemistry, to his credit. In addition, the Petitioner claims to have more than 15 international as well as national publications. Upon receipt of application form of the Petitioner, it is claimed that the Petitioner, vide communication No. SIMS:302 07(XXXVI)/2015-2940 dated 1st of November, 2016 issued by the Respondent No.2, was informed that his qualification/ degree (M. Sc) is not recognized and, as such, his candidature stands rejected. The Petitioner, as stated, claims to have immediately filed a representation before the Respondents stating therein that he has pursued/ completed Master’s Degree as well as Ph. D from the Aligarh Muslim University which is a recognized University, however, no decision was taken on the representation so filed by the Petitioner. Thereafter, the Petitioner states that he, on 1st of August, 2017 through the official Website of the Respondents, came to know that the interview for the post in question has been fixed on 29th of July, 2017, which was later on rescheduled to 3rd of August, 2017, however, his name did not figure in the shortlisted candidates purportedly on the aforesaid ground of his qualification of M. Sc not being obtained from a recognized University. It is pleaded that the Petitioner, immediately, filed another representation before the Chief Minister as well as Respondent No.1 on 1st of August, 2017 and that the office of the Chief Minister forwarded the representation of the Petitioner to the Respondent No.2 in terms of communication dated 1st of August, 2017 for appropriate action. When no action was taken on the representations so submitted by the Petitioner, the Petitioner has knocked at the portals of this Court through the medium of the instant Petition.
Justice Ali Mohammad Magrey after hearing both the sides observed that Senior Additional Advocate General, was pointedly asked to supply any material or make reference to any record(s) which became the basis for rejection of the candidature of the Petitioner by the Screening Committee constituted by the Respondents for the purpose, which he could not. That apart, the Court also perused the relevant records which revealed that there was no such material before the Screening Committee which would have necessitated it to come to the conclusion that the M. Sc. degree of the Petitioner is not recognized. That being the position, there is no need to go into any further ground qua the challenge made to the impugned communication.In the above background, the Petition of the Petitioner is allowed and, by a ‘Writ of Certiorari’, the impugned communication dated 1st of November, 2016 is hereby quashed. The Respondents, by a ‘Writ of Mandamus’, are directed to take the selection process in question to its logical conclusion by considering all the eligible candidates, including the Petitioner, in tune with the merit position obtained by the said candidates. JNF