Underscoring that “subordinate legislation” cannot be quashed by it, the High Court on Friday dismissed a plea against SKUAST Statute prescribing higher qualifications for post of assistant professor-cum-junior scientist in the faculty of fisheries.
The issue before the court was whether for the post of assistant professor, the SKUAST could in terms of the Statute prescribe qualifications higher than those mentioned in the minimum qualifications contained in the UGC Regulations 2010.
While dismissing the petition, bench of Justice Ali Muhammad Magrey observed that the Statute has been framed by the SKUAST in exercise of the powers conferred on it by Section 6 of the SKUAST Act, and, therefore, the same constitutes “subordinate legislation”.
“It would suffice to say that subordinate legislations cannot be quashed by issue of a writ of certiorari. A subordinate legislation can, at best, be declared as ultra vires the Constitution or the enabling enactment and struck down accordingly,” the bench said.
The petitioners had approached the court saying the qualifications prescribed by the Statue of SKAUST “being violative of the minimum qualifications prescribed by UGC” need to be quashed along with the advertisement notice, based on the said qualifications.