Public Service Commission Cannot Determine Academic Equivalence Without Statutory Authority or Expert Committee Recommendations

The applicant, holding a Master’s in Linguistics, applied for the post of Lecturer 10+2 Functional English under the RBA category pursuant to Advertisement No. 09-PSC (DR-P) of 2016

Although the applicant qualified the written test and interview, he was not selected; instead, Respondent No. 5, who holds a Master of Arts in English Language Teaching (ELT), was appointed

The applicant challenged the selection, contending that according to a prior J&K PSC notice dated 07.01.2016 and an Expert Committee report from the University of Kashmir, only candidates with a Master’s in Linguistics are eligible for Functional English posts

The J&K PSC justified the selection by stating that an extraordinary meeting held on 01.02.2019 determined that a Master's in ELT is "nearer" to Functional English than Linguistics

1. Whether a candidate possessing a Master’s degree in "English Language Teaching" (ELT) is eligible for the post of Lecturer 10+2 Functional English when the prescribed qualification is a Master’s degree in the ‘relevant subject’.

2. Whether the J&K Public Service Commission (PSC) possesses the legal authority to determine the equivalence of academic qualifications.

Statement identifying a key statute, principle, or precedent: The court applied the principle that a recruiting agency cannot assume the prerogative of determining the equivalence of academic qualifications, as such power resides strictly within the domain of competent academic/administrative authorities or duly constituted equivalence committees

Statement on the doctrine derived from a case: The court also relied on the principle of equity, noting that long-standing appointments made without fraud or misrepresentation should not be lightly disturbed even if the underlying selection process contained jurisdictional errors

The Tribunal examined the qualifications and the PSC's deliberative process. It found that while the applicant's degree in Linguistics was explicitly supported by an Expert Committee report as the requisite qualification, the PSC unilaterally decided in an "extraordinary meeting" that Respondent No. 5’s ELT degree was "nearer" to the subject.

The Tribunal reasoned that the PSC, as a mere recruiting agency, overstepped its jurisdiction by declaring academic equivalence—a function it does not possess in law.

The Tribunal observed that Respondent No. 5 had already been serving for a considerable period without any fault or fraud on her part. Consequently, the Tribunal determined that while the PSC's action was legally flawed, quashing the appointment would be inequitable.

The Tribunal directed the official respondents to appoint the applicant (who holds the valid Master’s in Linguistics) to any existing or future vacant post of Lecturer 10+2 Functional English under the appropriate category. The appointment must be issued within twelve weeks, with consequential benefits granted prospectively from the date of joining.