Excelsior Correspondent
Srinagar, Feb 7: High Court today directed the Public Service Commission to proceed ahead for conducting Combined Competitive Examination of all candidates including those who were declared ineligible in correction list issued by the PSC.
Division Bench of Justice Ali Mohammad Magrey and Justice Sanjeev Kumar while hearing an appeal filed by PSC challenging the single bench judgment directed the PSC to proceed ahead with the process of examination.
Court has declined to stay the writ court judgment and made it clear that the bench will decide the matter finally on February 12 as the PSC counsel submitted before the court that the Commission is going to hold the exams on February 15.
Writ Court while giving major relief to those KAS aspirants who were not allowed to sit in exams held they shall be allowed to sit and participate in the main exams along with other candidates.
Writ court had said the Public Service Commission (PSC) flouted the earlier order of the court with impunity and did not pay any regard to the order, directed to allow the candidates figuring in first list as also those figuring in revised list to sit and participate in the main exams.
It may be mentioned here that 429 candidates were left out by the Commission out of 6925 candidates saying that they are illegible to sit in the examinations. Aggrieved with the decision of the Commission various candidates had approached the court by way a writ petition which the court allowed in December 29 last year.
Commission has challenged the writ court verdict on the ground as to whether J&K Public Service Commission is stopped under Rule 8 of Combined Competitive Examination, Rules 2008 (SRO 387 of 2008) to revise the result of Combined Competitive Preliminary Examination.
Whether under Rule 12A of the J&K Public Service Commission (Conduct of Examination) rules 2005 Commission is constrained to complete the process of rectification of result within a period of three days and are stopped to do it after three days.
Whether allowing candidates with lower merit to appear in examination and denying the same benefit to candidates with higher merit does not amount to gross violation of principle of equality enshrined in Article 14 of the Constitution of India.
Wirt Court it may be mentioned after applying the ratio of the law and the rules to the facts of the case, had said, it has to be construed and interpreted liberally in view of the facts and confronted with the situation, as it emerges from the petitions on hand, there are two possible, lawful and feasible ways to determine the controversy, that is the exercise of discretion by directing that the “candidates figuring in the first list issued by the Commission vide notification No. PSC/Exam/2017/22 dated 23rd of April, 2017, as also the candidates figuring in the revised list issued vide notification No. PSC/Exam/2017/44 dated 9th of August, 2017, shall be entitled and allowed to sit and participate in the main examination and they are permitted to apply on line for the vacancies detailed above within the time to be fixed by the Commission”.
The Commission instead of deciding the petitions of the petitioners had issued a notification bearing No. PSC/Exam/2017/49 dated 25.08.2017 post haste declaring 429 candidates, who qualified the preliminary examination, eligible for the main examination.
The notification had also provided that the candidature of those 429 candidates who could not make it to the revised cutoff merit for appearing in the main examination shall be deemed to have been rejected being ineligible and their main examination fee shall be refunded.
Court in this connection recorded that the issuance of such a notification on the face of the order ‘smells foul’ and does not augur well particularly when the respondent-commission (PSC) admitted before this Court that they will accord consideration to the petition of the petitioners by passing speaking orders in them.
6925 candidates, including the present petitioners, were declared asqualified for admission to the J&K Combined Competitive (Main) Examination, 2016. The number of the candidates admitted to the Main Examination was in the proportion of 25 times of the total number of vacancies, which came to 6925 candidates in roll order, thereby making the last cut-off point as 270.477 marks out of aggregate of 450 marks.
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