Excelsior Correspondent
SRINAGAR, Feb 10: The Central Administrative Tribunal (CAT) said that the courts are not powerless to interfere where gross arbitrariness and discrimination is found despite the fact that it is left to the domain of experts and directed the Public Service Commission (PSC) to explain the review of answer keys of J&K Administrative Service (JKAS) prelims.
The Division Bench of M S Latief (J) and Prasant Kumar (A) said that the courts have left it in the domain of experts, but courts are not powerless to step in if gross arbitrariness, discrimination or favouritism in selection process is found prima facie.
The CAT bench Srinagar observed this in a plea against the PSC alleging that the Commission has violated the rules while reviewing the answer keys of examination (prelims) of KAS.
CAT directed the PSC to inform it as to whether the rules governing the field permits to have again constituted a panel of experts to re-examine the answer key of the preliminary examination of JKAS when the key was based on expert opinion.
The aggrieved candidates have approached the CAT with a plea that the PSC’s notification dated November 18, 2023, related to a revised answer key was illegal as an answer key based on an expert opinion had already been notified by the commission.
“We are afraid if Courts have the power to enter the arena of experts which has all alone been left to the domain of the experts as Courts are not experts in this field, however, at the same time Courts are not powerless to interfere where there is gross apparent arbitrariness, discrimination or favouritism,” the bench recorded while hearing a plea in a selection matter involving the PSC.
In this connection a detailed order was passed by it on December 5 last year wherein the authorities concerned were directed to file their detailed response and the Secretary/Controller of examination, the PSC was asked to explain as to whether there is any rule which permits them to review earlier notification following receiving of the notifications.
The PSC through its Secretary submitted that a sympathetic stance was taken up which in view of the representations received which compelled the Commission to re-refer the concerns so raised to the experts once again for scrutiny but there is no provision in the Business Rules of the PSC or in the Rules for Conduct of Examinations that there can be a review after review.
The aggrieved candidates are seeking quashing of the preliminary examinations held on 15-10-2023 issued vide notification no. 12- PSC DR of 2023 dated 13-04-2023 with the directions upon the PSC to declare them to have qualified the preliminary examinations as the applicants have correctly marked the questions whose answer key has been changed by changing these answers from correct to incorrect.
The bench was informed that as many as 2266 aspirants who have made it to the second round, as such all those candidates who would be affected by such a relief deserved to be arrayed as a party respondents as the aggrieved candidates are seeking quashing of the whole list as such the plea is liable to be dismissed.
The bench said the candidates in essence are seeking correction of the answer key as circulated by the PSC and submitted that the PSC have wrongly decided this objection of the petitioners and further submitted that his assertion in support of the answer is supported by cogent material which has been taken care of the by the PSC experts.
“We are afraid if Courts have the power to enter the arena of experts which has all alone been left to the domain of the experts as Courts are not experts in this field, however, at the same time Courts are not powerless to interfere where there is gross apparent arbitrariness, discrimination or favouratism”, CAT observed.
The Bench directed the counsel for the parties to advance their arguments on these two points whether absence of all those who would be affected by such a relief renders the original application as liable to be dismissed and whether Courts have the power to enter into the arena and domain of the experts in such matters.
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