Excelsior Correspondent
SRINAGAR, Jan 17: The Jammu and Kashmir High Court today directed the Government to redraw the list of Naib Tehsildars of 2009.
A 21 page judgment delivered by Justice Hasnain Massodi that quashed the selection list of NTs reads: “The selection list dated September 8, 2009 and the appointment orders issued on the basis of selection list to the extent of such of the selectees/ appointees who do not find place in the re-drawn list shall stand quashed.”
“The respondent Board shall delete 23 questions from the question paper and thereafter assess and evaluate performance of the petitioners in SWP no 487/2009 and selected candidates as if the question paper comprised of 97 questions only”, reads the HC order.
However, the court said, the seniority of such selectees/ appointees (110) who find place in the re-drawn selection list shall remain unaffected by the exercise to be undertaken by the respondents in compliance of the judgment.
“The Board can be asked to delete 23 questions from the Test Booklet, identified in the writ petition, declared as wrong or vague, with more than one correct answers or the correct answers not tallying with the answer Key, evaluate merit of the selected candidates and petitioners in the present petition who have questioned the written test without participating any further in the selection process,” the court said.
“However, in case it is impossible for respondents for any valid reason or reasons beyond their control to embark on such exercise, they would be free to appoint petitioners against the available vacancies as the petitioners cannot be deprived of fruits of litigation because of failure on part of the respondents to comply with the direction,” the HC order said.
Underlining, the impact of awarding 23 wrong marks for 23 questions to a candidate in the test of 120 questions, the court held that one of the options available was to set aside and quash the examination and direct the Board to conduct the written test afresh and prepare select list based on the merit secured by the candidates.
It, however, held that the selection process to fill up the posts was initiated 12 years back and it won’t be just and proper in these circumstances to quash the written test. The SC has held the power of the writ court to mould the relief to be well recognized and available to the writ court to do complete justice between the parties,” the court said while refereeing to the apex court judgment titled Rajesh Kumar and others versus state of Bihar and others.
It may be mentioned here that six petitioners had approached the High Court and challenged the NT written test immediately after it was held on 22-2-2009 on the grounds that a number of wrong/ vague questions were asked in it. “Though the Board disagreed with the petitioners and went ahead with the evaluation process of Answer scripts and declared the result of the written test, an expert committee of 5 HODs of Kashmir University constituted by the Court was asked to file report on the veracity of 25 questions referred to it. The committee submitted a report indicating that out of 25 questions referred to it, 23 were found wrong”.
Observing that the parties have volunteered and decided to abide by the Expert Committee report, the court said the findings returned by the committee are binding of the parties.
To the argument that 29 non-Urdu knowing appointees who were ineligible for the post of NT for not having Urdu as one of the subjects in matric, the court said the plea is destined to fail at least for the present as the State Government has granted relaxation in favor of the appointees.
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