Excelsior Correspondent
JAMMU, July 8: In bunch of petitions challenging the list of Prosecution Officers, Justice BS Walia of J&K High Court, Jammu Wing, today directed respondents not to finialize the selection list before the next date of hearing.
When the matter came-up for hearing today, Sr. Advocate MK Bhardwaj and Advocate Gagan Basotra appearing for more than 100 candidates stated that the questions in the written examination were not as per the syllabus, in as much as, questions were asked in the paper from the Central Criminal Procedure Code, Constitution of India and Civil Procedure Code whereas neither the Central Criminal Procedure Code nor Constitution of India nor Civil Procedure Code was within the syllabus as per the advertisement issued by the respondents and it was only Constitution of Jammu and Kashmir and J&K Criminal Procedure Code which was in syllabus.
They further contended that approximately questions of 25 Marks were out of syllabus but the petitioners were not able to specify at this stage the questions which were out of syllabus on account of taking back of the question paper as well as answer script by the Examining Authority after the conduct of examination.
The counsel for the petitioners further contended that as per Advertisement, Clause 4-B provided written examination of 100 marks whereas the examination conducted comprising of subjective test of 55 marks and objective type test of 45 marks. Learned counsel for the petitioners contended that the conduct of objective type test in addition to the subjective test is in contravention of the advertisement.
In the petition the contention of the petitioners is also that as per condition No.4-C, the number of candidates to be called for viva voce was stipulated in the ratio of 1:3 whereas it ought to have been in the ratio of 1:5 in view of the fact that the same ratio was being adopted by the J&K Services Selection Board for recruitments being carried out by it and the candidates, who belonged to the Reserved Category, were entitled to be considered in the General Category for being called for viva voce wherever their marks were more than the marks of the last candidate of the General Category called for viva voce but that the same had not been done to the knowledge of the petitioners and counsel for the petitioners States that the aforementioned action of the respondents was contrary to Section 4 of the Jammu and Kashmir Reservation Act, 2004, therefore arbitrary and unconstitutional.
Justice BS Walia after hearing MK Bhardwaj and Gagan Basotra appearing for the petitioners whereas AAG Vishal Sharma appearing for the State observed that it is essential that the respondents file their written response and produce record for perusal by this Court.
Justice BS Walia further observed that in view of inability expressed by AAG Vishal Sharma for the respondents to file reply and to argue the matter during this week, adjourned on request of counsel for the respondents to 14.07.2015 and directed to file reply and also directed to produce all record relevant for the adjudication of the controversy in issue.
In the meantime, till the next date before the Bench and subject to filing of objections by the other side, selection shall not be finalized.
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