PhD candidate misses to mention degree, CAT directs KU to conduct interview

Srinagar, Feb 21: The Central Administrative Tribunal (CAT) in Srinagar has directed the University of Kashmir to conduct interview of a candidate for the post of Assistant Professor(AP) in Education as she has not been called for it for making no mention of her Ph.D degree in on-line application form.

“….subject to objections of the other side, the respondents are directed to allow the petitioner to compete in the process of interview for the post she has applied for, at her own risk and responsibility, reportedly scheduled to be held on 22-02-2025”, a division bench comprising M S Latif Member (J) and Prasant Kumar Member (A) said while seeking objections to Dr K N's plea by July 7. Counsel for KU accepted notice for filing a detailed response to the plea.

The Court however made it clear that “mere participation in the interview shall in no way confer upon the candidate any preferential right, saying the same remain subject to final outcome of the plea. The court also directed the varsity not to declare the result of the aggrieved candidate unless directed by it.

The candidate in response to advertisement notification dated 19-12-2023 applied for the post of AP in the Department of Education in KU. The aggrieved candidate contended that in terms of the advertisement notification, a candidate was also to submit hard copies of the documents as well after submission of the same on-line and she too filed the hard copy of the documents which included her Ph.D certificate. However, she said her Ph.D certificate has not been considered by the KU while according the points to the aspirants.

Counsel representing the candidate submitted that admittedly while filling up the application, the candidate, by sheer inadvertence, did not mention about her Ph.D degree in the required column of the on-line application form. “However, her full name, as contained in the application form, reflects it to be Dr. Khyr-un- Nisa,” he said.” The petitioner could not have, ipso-facto, prefixed the word ‘Doctor’ before her name, had she not been in possession of Ph.D degree, as such that the error that has crept in the application form is nothing but unintentional”.

After hearing the petitioner through her counsel, the tribunal observed that the point of determination before it is as to whether the candidate who has petitioned, at this point in time,could be deprived of her participation in competing for the post applied for on the plea that she has not submitted her Ph.D degree.

“Prima facie, on the material available before us, it appears that the petitioner does hold the degree of Ph.D and the same has been appended with the O.A also. As such, for an inadvertent error, she cannot be denied the right of consideration to participate in the process of recruitment”, the tribunal said.

While the court observed that admittedly the candidate has not mentioned her Ph.D qualification in the required column of the on-line application form, it said: “There would have been a different situation if, as on that date, she did not possess the qualification of Ph.D but fact remains that she was in possession of such degree at the relevant point of time”. “Yet another question, which craves for consideration is as to whether the petitioner can be deprived of a legitimate right for her omission to mention about her higher qualification and, according to us, it would be very unfair and unjust to resort to such harsh treatment as it would be tantamount to marring her future prospects,” the court said.

The court pointed out that even the interest of justice would warrant that the petitioner be allowed to rectify her mistake/inadvertent error and in this regard, as submitted, she has already approached the competent authority. The court observed that technology has lessened the human labour and in many developed countries, machines are being used for advantage.

“But there is no denying the fact that supervision is always with the human beings in their capacity as the architects of such inventions, therefore, errors are inseparable, more particularly in the facts and circumstances of this case, where the candidate would not hide her higher qualification intentionally, when inclusion of the same in the application form would ultimately enable her to brighten her future,” it said. Subsequently, the tribunal issued notice on the plea and ordered for conducting the interview of the candidate for the AP post.