[JKPSC Recruitment] Qualification In 'Relevant Subject' Has Wider Scope Of Eligibility Than Qualification In 'Subject Concerned': High Court

The Jammu and Kashmir and Ladakh High Court recently held that in matters of recruitment, the phrase 'qualification in relevant subject' has wider implications than the phrase 'qualification in subject concerned'.

Finding so, it permitted a post graduate degree holder in 'Applied Geology' to apply for the vacant position of 'Geology' Assistant Professor, adding that the recruitment notification issued by the J&K Public Service Commission in this case only prescribed a candidate to possess degree in 'relevant subject' and not the particular 'subject concerned'.

A bench comprising Justices Sanjeev Kumar and Moksha Khajuria Kazmi observed,

"Master‟s Degree level in the concerned subject may indicate that a candidate must possess M.Sc. in Geology, whereas "Master‟s Degree in relevant subject" would denote that the qualification, which may have different nomenclature, but is a qualification relevant to teaching of Geology, would also be the qualification prescribed for the post of Assistant Professor (Geology)."

The observation was made while hearing an appeal against the judgment of Central Administrative Tribunal (CAT) Srinagar, in terms of which the tribunal had held that the employing department had an absolute prerogative to prescribe the qualification (PG in Geology) for the post advertised and the Courts could not enter the arena of finding out the equivalence (say PG in Applied Geology), more so, when the Recruitment Rules prescribing qualification did not stipulate any equivalent qualification.

J&K PSC had invited applications for posts of Assistant Professor (Geology) and prescribed a qualification of 'Master’s Degree level in the relevant subject' form an Indian University, or an equivalent degree from an accredited foreign University.

The appellant had submitted that M.Sc. in "Applied Geology‟ is equivalent and same as "Master Degree in Geology‟ and therefore, it cannot be said that he did not possess Master Degree in the 'relevant subject'.

The High Court observed that the impugned candidature rejection notice issued by the PSC is not sustainable in law. Elaborating on the distinction between "relevant subject" and the "subject concerned", the court explained that Master's Degree level in the concerned subject may indicate that a candidate must possess M.Sc. in Geology, whereas "Master's Degree in relevant subject" would denote that the qualification, which may have different nomenclature, but is a qualification relevant to teaching of Geology, would also be the qualification prescribed for the post of Assistant Professor (Geology).

In order to buttress the position, the court referred to the opinion of two Apex Level Academic Bodies of UT of Jammu and Kashmir i.e University of Jammu and University of Kashmir, who had in their report on the matter opined that that the Master's Degree awarded by the University of Kashmir in Applied Geology is same as the Master's Degree in Geology awarded elsewhere and therefore the M.Sc. Applied Geology students may be considered eligible for Assistant Professor/Lecturer posts in the Higher Education Department.

"The qualification, which is equivalent to the qualification prescribed, cannot, by any stretch of reasoning, be held to be a qualification not relevant in the subject in which appointment is to be made. What is equivalent would necessarily be relevant", the bench added.

Explaining the intent behind the term "Equivalent qualification" used in the advertisement the court said that the said term means a qualification that is equal in function, value, significance or level or similar in function, whereas the definition of relevant qualification. A qualification which is equivalent to the prescribed qualification would indeed be a qualification in the relevant subject for which recruitment is sought to be made, the bench underscored.

Acknowledging the settled law on the subject that it is neither for the selection body, nor for the Courts to enter into the arena of finding out the equivalence or relevance of the qualification prescribed for the post, the court said that in the instant case, the Advertisement Notification did not prescribe qualification of M.Sc. Geology or M.Sc. in Applied Geology, but instead stipulated a Post Graduate Degree level in the relevant subject.

The court also noted that the Government, when confronted with this issue had itself sought expert opinion from two Apex level Academic Autonomous Bodies and conveyed the same to PSC stating that the qualification of M.S.c in Applied Geology possessed by the petitioner is also the relevant qualification and, therefore, the petitioner was entitled to be considered in the selection process.

"The PSC of its own and without having any such authority or competence set aside the opinion of the Government and vide notice impugned rejected the candidature of the petitioner for the post in question", the court reasoned to deviate from the settled law of non interference in such matters.

Allowing the petition, the bench directed PSC to complete the selection process by considering the petitioner also as an eligible candidate.

Case Title: Shahid Hameed Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 18

Coram: Justice Sanjeev Kumar & Justice Moksha Kazmi Khajuria

Counsel For Petitioners: Mr. A.H.Naik Sr. Advocate with Mr. Zia, Advocate. Mr. Bakhat Parvaiz Advocate

Counsel For Respondents: Mr. Shah Amir Advocate. Mr. Jahangir Iqbal Ganai Sr. Advocate with Ms. Ruqaya Sidique Advocate, Ms. Asifa Padroo AAG. Mr. F.A.Natnoo Advocate

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