DR PAROMITA GUPTA vs HIGHER EDUCATION DEPARTMENT on 31 December 2025

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.267/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.268/2022 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: - a) In view of the above submissions and those to be urged at the time of hearing, it is, therefore, most humbly prayed that the directions may kindly be issued to the respondents:- to quash select list for the post of Assistant Professor (Fisheries) in Higher Education Department vide Notification No. 03-PSC (DR-S) of 2017 dated 10.01.2017 issued by the Secretary J&K Public Service Commission published in English Newspaper "Daily Excelsior" on 14.01.2017 by which the respondents have selected the private respondents Nos. 5 10 7 for the post of Assistant Professor (Fisheries) in Higher Education Department, by issuance of writ of certiorari; ii/to issue directions to the respondents to consider the case of the petitioner for selection/appointment on the post of Assistant Professor (Fisheries) in Higher Education Department as the petitioner is fully eligible, entitled and qualified for the same, by issuance of writ of mandamus; to issue directions to the respondents to allow the petitioner to participate in the selection process and to conduct the interview of the petitioner for the post of Assistant Professor (Fisheries) in Higher Education Department as the petitioner has been by HARSHIT YADAV HARSHIT YADAV

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deprived for appearing in the interview and participating in the selection process for the post of Assistant Professor (Fisheries) in Higher Education Department, by issuance of writ of mandamus;

iv. to issue directions to the respondents to produce the original record of selection for the post of Assistant Professor (Fisheries) in Higher Education Department before this Hon'ble Court, by issuance of writ of mandamus; to declare the select list for the post of Assistant Professor (Fisheries) in Higher Education Department vide Notification No. 03-PSC (DR-S) of 2017 dated 10.01.2017 issued by the Secretary J&K Public Service Commission published in English Newspaper "Daily Excelsior" on 14.01.2017 by which the respondents have selected the private respondents Nos. 5 to 7 for the post of Assistant Professor (Fisheries) in Higher Education Department and have not considered the case of the petitioner for selection/appointment on the post of Assistant Professor (Fisheries) in Higher Education Department as the petitioner is fully eligible, entitled and qualified for the same, us ultra virus, illegal, arbitrary, unconstitutional, unjust and contrary to the provisions of law and rules and against the provisions of principles of natural justice, by issuance of writ ol mandamus, AND Any other writ, order or directions as the Hon'ble Coud may deem fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner and against the respondents with cost. An affidavit in support of writ petition is annexed herewith.

3. The facts of the case as pleaded by the petitioner in her pleadings are as follows: - by HARSHIT YADAV HARSHIT YADAV

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a) The applicant, Dr. Paromita Gupta, is a permanent resident of the erstwhile State of Jammu and Kashmir and a citizen of India, fully entitled to the protection of fundamental, statutory, and constitutional rights guaranteed under Articles 14 and 16 of the Constitution of India. She possesses an exceptionally strong academic and research background in the discipline of Fisheries. The applicant holds a Bachelor’s Degree, a Master’s Degree in Fisheries Science, and a Doctorate of Philosophy (Ph.D.) in the same discipline. She has also qualified the National Eligibility Test (NET) and has extensive teaching and research experience in reputed institutions including GADVASU, ICAR, PAU Ludhiana, Government Degree College Bemina, Srinagar, and DAV College, Abohar, Punjab. Her academic credentials include national and international publications, research scholarships, awards for academic excellence, and experience of guiding postgraduate students, clearly establishing her as a meritorious and eligible candidate for the post in question.

by HARSHIT YADAV HARSHIT YADAV

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b) The Higher Education Department, Jammu and Kashmir, initially referred four posts of Assistant Professor (Fisheries) to the Jammu and Kashmir Public Service Commission (JKPSC), comprising two posts under Open Merit, one under RBA, and one under SC category. Pursuant thereto, Advertisement Notification No. 09-PSC (DR-P) of 2013 dated 23.05.2013 was issued inviting applications. The prescribed qualifications included a Master’s Degree with requisite percentage and NET/Ph.D. as per applicable rules. The applicant, being fully eligible and qualified, applied under the said notification. However, the selection process pursuant to the said advertisement was never finalized. c) Subsequently, the JKPSC issued Advertisement Notification No. 12-PSC (DR-P) of 2014 dated 29.05.2014, once again inviting applications for the same four posts in the discipline of Fisheries, allegedly superseding the earlier advertisement. The applicant again submitted her application in response to the said notification, clearly mentioning her residential address at Ludhiana, Punjab, where she was residing along with her by HARSHIT YADAV HARSHIT YADAV

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husband due to his service posting, while retaining her status as a permanent resident of Jammu and Kashmir. d) As per the advertisement, the selection process was required to be conducted strictly in accordance with the Jammu and Kashmir Public Service Commission (Business and Procedure) Rules, 1980, read with SRO-124 of 2014, SRO-423 of 2008, and Government Order No. 252-HE of 2012. Under the said Rules, a detailed and mandatory procedure is prescribed for scrutiny of applications, communication of deficiencies, determination of eligibility by a duly constituted Eligibility Committee, and issuance of interview call letters at least fifteen days prior to the date of interview, supported by publication of notices in leading newspapers and electronic media. e) The applicant asserts that at no point of time was she informed of any deficiency in her application. No communication in Form-IV, as mandated under Rule 31 of the Business and Procedure Rules, was ever served upon her. She also never received any interview call letter, nor was any notice published in newspapers notifying the date, time, and venue of interview by HARSHIT YADAV HARSHIT YADAV

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insofar as the discipline of Fisheries was concerned. Consequently, the applicant remained under the bona fide belief that the selection process had not yet reached the stage of interview. f) To her utter shock and surprise, the applicant came to know only through a newspaper publication dated 14.01.2017 that JKPSC had issued Notification No. 03-PSC (DR-S) of 2017 dated 10.01.2017, whereby interviews were allegedly conducted on the same day and a select list was finalized. The said notification revealed that out of 31 applicants, 12 candidates were shortlisted, interviews were conducted on 10.01.2017 at Jammu, and three candidates were selected—two under Open Merit and one under RBA category—while the SC post was left vacant. In the merit list appended to the notification, the applicant’s name appeared at Serial No. 8 under Open Merit but was marked as “absent”. g) The applicant contends that she was wrongly and arbitrarily shown absent despite never being served with any interview call or notice. The entire process, according to her, was by HARSHIT YADAV HARSHIT YADAV

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conducted in blatant violation of the statutory rules governing recruitment, resulting in denial of her valuable right to participate in the selection process and her constitutional right to fair consideration. She further alleges that candidates possessing inferior qualifications were selected in preference to her, casting serious doubt on the transparency and fairness of the selection process. On these grounds, the applicant challenged the selection notification and sought quashing of the select list with a direction to consider her candidature in accordance with law.

4. The respondents have filed their reply statement wherein they have averred as follows: - a) The respondents, while opposing the Transfer Application, have raised preliminary objections contending that the application is misconceived, untenable in law, and liable to be dismissed at the threshold. It is asserted that the applicant, having admittedly applied pursuant to the advertisement and having been shortlisted for interview, failed to appear on the scheduled date and, therefore, cannot be permitted to challenge the selection by HARSHIT YADAV HARSHIT YADAV

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process or the appointments of candidates who duly participated and were found meritorious. b) On facts, it is stated that the Higher Education Department referred four posts of Assistant Professor (Fisheries)—two under Open Merit, one under RBA, and one under SC category—to the Jammu and Kashmir Public Service Commission. These posts were advertised vide Notification No. 12-PSC (DR-P) of 2014 dated 29.05.2014, with the last date for receipt of applications fixed as 02.07.2014. In response, 31 applications were received, including that of the applicant. c) The respondents submit that since the number of applicants was within the permissible limit, shortlisting was carried out strictly in accordance with Rule 40 of the J&K PSC (Business and Procedure) Rules, 1980. The criteria adopted for shortlisting included weightage to basic qualification, first higher qualification, and second higher qualification, aggregating to a total of 100 points. On the basis of this objective criteria, ten candidates under Open Merit category and two candidates by HARSHIT YADAV HARSHIT YADAV

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under RBA category, including the applicant, were provisionally shortlisted for interview. d) It is further submitted that during scrutiny, the application of the applicant was found deficient in respect of the Mandatory State Subject/PRC certificate (as applicable at the relevant time), which was duly indicated in the notice issued by the Commission. A notice dated 26.12.2016 was uploaded on the official website of the Commission and simultaneously endorsed to the Director, Information Department, for publication in at least two leading local English dailies of Jammu and Srinagar, informing candidates of the shortlist and deficiencies, if any. e) Thereafter, interview for the discipline of Fisheries was scheduled on 10.01.2017. A notice dated 28.12.2016 was again uploaded on the Commission’s website and forwarded to the Information Department for publication in leading newspapers, calling the shortlisted candidates, including the applicant, to appear for interview on the scheduled date at the Commission’s office, Jammu.

by HARSHIT YADAV HARSHIT YADAV

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f) The respondents state that on the date of interview, out of the twelve candidates called, four candidates under Open Merit category, including the applicant, remained absent. One candidate under RBA category was found ineligible at the time of interview and was not allowed to participate. Consequently, the Selection Committee, after assessing the performance of the candidates who appeared, finalized the merit list and select list, which was notified vide Notification No. 03-PSC (DR-S) of 2017 dated 10.01.2017. The recommendations of the selected candidates were thereafter forwarded to the Administrative Department concerned for further action. g) The respondents categorically deny any allegation of arbitrariness, favoritism, or violation of statutory rules. It is asserted that the entire selection process was conducted strictly in accordance with the governing rules and prescribed procedure, with due publicity through the official website and newspapers. The applicant, despite being aware of the shortlisting and interview schedule, failed to appear on the date fixed and cannot now be permitted to assail the selection merely by HARSHIT YADAV HARSHIT YADAV

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because she remained absent. No vested or enforceable right of the applicant has been infringed, and the application is stated to be devoid of merit and liable to be dismissed.

5. Heard learned counsel for the parties and perused the material available on record.

6. The present Transfer Application has its genesis in SWP No. 267/2017, which stood transferred to this Tribunal and registered as TA No. 268/2022. The applicant seeks quashment of the select list issued by the Jammu and Kashmir Public Service Commission for the post of Assistant Professor (Fisheries) pursuant to Notification No. 03-PSC (DR-S) of 2017 dated 10.01.2017, primarily on the ground that she was deprived of an opportunity to participate in the interview and was wrongly shown as “absent” despite being fully eligible and highly qualified.

7. The factual matrix, as borne out from the pleadings and record, reveals that four posts of Assistant Professor (Fisheries), comprising two posts under Open Merit, one under RBA and one under SC category, were referred by the Higher Education Department to the Jammu and Kashmir Public Service Commission for selection. These by HARSHIT YADAV HARSHIT YADAV

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posts were advertised vide Advertisement Notification No. 12-PSC (DR-P) of 2014 dated 29.05.2014. In response thereto, thirty-one candidates, including the applicant, submitted their applications.

8. In accordance with Rule 40 of the Jammu and Kashmir Public Service Commission (Business and Procedure) Rules, 1980, the Commission adopted a lawful and objective method of shortlisting, as the number of applicants was well within the prescribed limit. The shortlisting was carried out by awarding weightage to basic qualification and higher qualifications, aggregating to a total of 100 points. On the basis of the said criteria, ten candidates under Open Merit category and two under RBA category, including the applicant, were provisionally shortlisted for interview.

9. The record further demonstrates that a notice dated 26.12.2016 was issued by the Commission, which was uploaded on its official website and also endorsed to the Director, Information Department, for publication in leading English newspapers of Jammu and Srinagar. The said notice not only indicated the list of shortlisted candidates but also pointed out deficiencies, if any, in the applications. Thereafter, the interview for the discipline of Fisheries was scheduled on by HARSHIT YADAV HARSHIT YADAV

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10.01.2017, and a further notice dated 28.12.2016 calling the shortlisted candidates to appear for interview was again uploaded on the official website of the Commission and sent for publication in the newspapers.

10. It is not in dispute that the applicant was included in the shortlist and was eligible to appear in the interview. It is also an admitted position emerging from the official record that on the date fixed for interview, i.e., 10.01.2017, the applicant did not appear before the Selection Committee. Out of twelve candidates called for interview, four candidates under Open Merit category, including the applicant, remained absent. The Selection Committee thereafter assessed the merit of the candidates who appeared and finalized the select list, which was notified on the same date.

11. The principal grievance of the applicant is that she did not receive any personal interview call letter at her Ludhiana address and that no newspaper publication came to her notice, thereby depriving her of the opportunity to participate in the selection process. This contention, however, does not withstand judicial scrutiny.

by HARSHIT YADAV HARSHIT YADAV

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12. It is well settled that once a recruiting agency adopts a mode of notification which is recognized under the applicable rules—such as publication on its official website and through newspapers—the burden shifts upon the candidate to remain vigilant and to track the progress of the recruitment process. The Rules do not mandate that selection proceedings would stand vitiated merely because a candidate claims non-receipt of an individual communication, particularly when public notices were duly issued and the candidate herself was aware that she had applied pursuant to the advertisement.

13. The record clearly establishes that the Commission followed the prescribed procedure under the Business and Procedure Rules, 1980. Notices were uploaded on the official website, which is an accepted and recognized mode of communication, and were also forwarded for publication in newspapers. The applicant, having applied for a highly competitive post through a constitutional recruiting body, was expected to exercise due diligence and keep track of the recruitment process. A candidate cannot remain passive and thereafter assail the selection on the ground of alleged lack of personal intimation.

by HARSHIT YADAV HARSHIT YADAV

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14. The argument of the applicant that her superior academic qualifications alone entitled her to selection or preferential consideration is also misconceived. It is trite law that higher qualification does not confer an indefeasible right to selection. Selection is based on comparative merit assessed through a prescribed procedure, which includes shortlisting and interview. Once the applicant chose not to appear in the interview, whether deliberately or otherwise, she cannot subsequently claim a right of consideration on the basis of her qualifications alone.

15. Equally untenable is the allegation of arbitrariness, favoritism, or violation of Articles 14 and 16 of the Constitution of India. No material has been placed on record to demonstrate that the selection process was manipulated, that ineligible candidates were selected, or that the rules were selectively applied. Mere assertions, howsoever strongly worded, cannot substitute proof. The applicant has failed to show any illegality, mala fide intent, or procedural violation of such magnitude as would warrant interference by this Tribunal.

16. It is also significant to note that the applicant approached the Court only after the selection process had culminated and the select list had by HARSHIT YADAV HARSHIT YADAV

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been issued. A candidate who remains absent from the interview without protest at the relevant time and challenges the process only after being declared absent cannot be permitted to unsettle a completed selection, particularly when third-party rights have intervened.

17. In service jurisprudence, courts and tribunals consistently exercise restraint in interfering with selections conducted by expert bodies, unless there is a clear violation of statutory rules or constitutional principles. In the present case, the Tribunal finds that the Jammu and Kashmir Public Service Commission acted strictly in accordance with the governing rules, adopted a transparent and rational procedure, and afforded equal opportunity to all eligible candidates. The absence of the applicant from the interview was a consequence of her own inaction and cannot be attributed to any illegality on the part of the respondents.

18. Viewed from any angle, the applicant has failed to establish infringement of any legal or constitutional right. The Transfer Application is founded more on perceived grievance than on demonstrable illegality. Interference at this stage would not only be by HARSHIT YADAV HARSHIT YADAV

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contrary to settled principles of law but would also disturb a selection process that has attained finality long back.

19. For the foregoing reasons, the Tribunal holds that the applicant has failed to make out any case for interference with the impugned selection or the select list dated 10.01.2017. The Transfer Application is devoid of merit and is accordingly dismissed.

20. There shall be no order as to costs.

(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA) Administrative Member

Judicial Member

/harshit/

by HARSHIT YADAV HARSHIT YADAV