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Recruitment of 1651 Assistant Professors struck in legal entangle
Govt LPA not taken up for hearing
10/13/2015 12:09:14 AM
Akshay Azad
Early Times Report
JAMMU, Oct 12: The recruitment process for 1651 posts of College Assistant Professors which is caught in legal quagmire has failed to move forward as the Letters Patent Appeal (LPA) filed by Higher Education Department against the judgments of single benches of High Court, was not taken up for hearing in the Double Bench.
Sources informed Early Times that the LPA filed by Jammu and Kashmir Higher Education department had come for hearing on October 12, in the double bench chaired by Justice DS Thakur and Justice BS Walia.
"It has been learnt that Justice DS Thakur had given a judgment in the same court in the single bench, due to which the LPA was not taken up for hearing", sources said.
They further said that there was no other double bench available in the High Court due to which the case was listed before double bench of DS Thakur and BS Walia.
"In the last date also the case was listed before Justice Hasnain Masoodi and Justice BS Walia. Justice Hasnain Masoodi had also given a judgment in the case in the single bench, due to which he had also refused to hear the case", sources said, adding that now the hopes are on coming days, when the case will be listed. The last date of hearing was on September 30.
The Higher Education sector in State is also governed by University Grants Commission (UGC) guidelines and JK Higher Education department had amended the recruitment rules following UGC directions according to which M.Phil was not considered an eligibility for Assistant Professor posts, sources said, adding that it would depend upon the outcome of LPA, whether M.Phil candidates would be considered or not.
The recruitment against 1651 posts of Assistant Professors is virtually going on at snail's pace as according to State Cabinet decision of August 3, 2012, an order vide 317-HE of 2012 was issued according to which 1129 posts of Assistant Professors were created in various degree colleges of the State.
On January 28, 2013 the department of Higher Education had forwarded the posts to PSC authorities with subject wise distribution for advertisement, but PSC had raised a query over the validity of degrees obtained by students from distance mode.
Moreover, when the query was replied by Higher Education department, the PSC as per notification number 09-PSC (dr-p) of 2013, dated 23-5-2013 had advertised 1651 posts of Assistant Professors.
Following the UGC regulation which made National Eligibility Test (NET) and State Level Eligibility Test (SLET) as minimum eligibility conditions for appointment of Assistant Professors in colleges and Universities after which the Jammu and Kashmir Higher Education department had also amended the recruitment rules as per UGC regulations.
Later, on March 19, 2015, the Supreme Court of India had upheld the University Grants Commission (UGC) regulation on minimum qualifications required for the appointment of teachers in universities and Colleges affiliated to it.
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