Hold KAS Mains afresh, HC to PSC

The single bench had however pulled up the PSC for removing Rule 12 (B). The question before the court was whether PSC could reframe the list in absence of a specific statute for the same.

D A RASHID
Srinagar, Publish Date: Mar 14 2018 12:16AM | Updated Date: Mar 14 2018 12:16AM
Hold KAS Mains afresh, HC to PSCRepresentational Pic

The High Court on Tuesday directed J&K Public Service Commission (PSC) to conduct KAS Mains exam-2016 afresh. Apart from the candidates who were shortlisted after the PSC revisited the prelims results, 429 aspirants who had been dropped following the re-evaluation and another 2365 candidates who had secured higher merit compared to these 429 candidates are now eligible for the test.  

A division bench of Justice Janak Raj Kotwal and Justice Sanjeey Kumar issued the directions while disposing of an appeal by the PSC against its single bench order which had directed the PSC to allow the 429 candidates debarred from taking the main exam.  

The bench, however, expected that the PSC would take immediate steps to hold the main examination as the same has been delayed due to litigation. The present controversy cropped up after PSC reframed the preliminary examination merit by revising the answer Key after it had got expert opinion on 23 questions following the objections from the candidates that the answer Key was wrong.   

The PSC had done away with Rule 12 (B) from the text of the provisions of the J&K Public Service Commission (Conduct of Examination) Rules, 2005. Under the said rule the PSC was bound to disclose answer Key to the candidates.   

“Deletion of provision like 12-B which existed in the Rules of 2005 was totally unreasonable, uncalled for and unproductive,” the division bench said. Though the provision, the Court said, has been deleted from the statute, yet, it added, there is no clog put on the power of Commission to adopt the procedure as was envisaged under 12-B of the Rules of 2005 to make answer Key public so that the corrective measures to rectify the errors and discrepancies are taken well in time before evaluation of the answer scripts”. 

The single bench had however pulled up the PSC for removing Rule 12 (B). The question before the court was whether PSC could reframe the list in absence of a specific statute for the same. 

“We therefore hold that the absence of the Rule 12-B in the statute, that is, the Rules of 2005 does not, in any manner, effect the power of the Commission to publish the answer Keys immediately after the declaration of the result of the preliminary examination and invite objections thereto within a fixed period,” the division bench said.  This, the court said, would avoid the controversy like the one that has arisen in the instant case. 

The court said the Commission would be well within its right to examine the representations and if these are found to be of some merit, to take immediate remedial measures for rectification of the model answer Keys.

“Such Power is inherent in the PSC by virtue of its creation by the Constitution of Jammu and Kashmir and entrustment on it of the constitutional duty to conduct the competitive exams for appointment to the services of the state”.   

The Court underscored that the power conferred upon the Commission under section 133(1) of the Constitution of Jammu and Kashmir is wide enough to encompass the power to ensure fairness and impartiality in the selection process and to maintain utmost transparency and purity in the exams. 

“The publication of answer Keys for inviting objections from the aggrieved candidates is a facet of transparency which is required to be ensured by the Commission at all costs,” it said.   

This, the court said, would also instill faith in the Institution and would avoid uncalled for litigation, which more than often, delays the selection.   

In view of the observations made, the court left it to the PSC to consider restoration of Rule 12-B on the statute Book or provide similar procedure even without making any specific provision in the Rules. “This would, otherwise, be in consonance with the duty assigned to the Commission by virtue of section 133 of the constitution of Jammu and Kashmir”. 

With regard to the increase in number of candidates more than 25 times to the total number of vacancies to be filled up for short listing for main examination, the court said the rule is inflexible rule as the expression “as far as practicable” itself gives reasonable latitude to the Commission to exceed the number provided in the Rule.   

The PSC vide Notification No. PSC/EXM/2016/52 dated 18-06-2016 advertised 277 posts in Junior Scale of J&K Administrative Service, J&K Police (Gazetted) Service and J&K Accounts (Gazetted) Service and applications were invited for admission to the KAS (Preliminary) Examination.

Following the preliminary examination, the PSC vide the Notification No. PSC/Exam/2017/22 dated 23.04.2017 declared 6925 out of 47000 candidates to have qualified for KAS Mains Examination. The cut-off mark was declared as 270.477 out of aggregate of 450 marks.

However, after considering representations of candidates on wrong answer Key, the Commission issued a revised list with cut off merit 277.275 as a result of which 429 candidates who were figuring in un-revised list were excluded.   

Aggrieved of the order, the candidates approached High Court in two separate petitions through their counsels Arif Sikandar Mir and shafaqat Nazir. The court disposed of the petitions directing the commission to treat the petitions as representations and pass speaking orders after the commission msde such statement before the court.  

 The Commission however issued a fresh notification bearing No. PSC/Exam/2017/49 dated 25.08.2017 asking the candidates who had been selected vide revised list to fill up the forms for KAS (Mains) Exam and also deemed the 429 candidates dropped in the revised selected list as ineligible for KAS (Mains) exam.

 Aggrieved candidates approached court again and submitted that non-inclusion of petitioners was based on re-evaluation which was challenged on the ground of being against the rules.

 

Latest News

  1. Pakistan will continue to lend full support to people of Kashmir: Imran Khan
  2. Pakistan will continue to lend full support to people of Kashmir: Imran Khan
  1. Schools found operating during winter vacations to face action: DSEK
  2. Schools found operating during winter vacations to face action: DSEK
  1. Govt ready to deal with any weather eventuality: Div Com
  2. Govt ready to deal with any weather eventuality: Div Com
  1. An MLA was told to be part of govt or prepare for arrest by NIA: Omar Abdullah on horse-trading
  2. An MLA was told to be part of govt or prepare for arrest by NIA: Omar Abdullah on horse-trading
  1. Disgruntled Muzaffar Baig holds meeting with Mehbooba Mufti
  2. Disgruntled Muzaffar Baig holds meeting with Mehbooba Mufti
  1. Vijay Mallya must be extradited: London court
  2. Vijay Mallya must be extradited: London court
  1. BJP built tallest statue of Patel, but could not construct Ram temple: Omar Abdullah
  2. BJP built tallest statue of Patel, but could not construct Ram temple: Omar Abdullah
  1. RBI Governor Urjit Patel quits
  2. RBI Governor Urjit Patel quits
  1. Former MLA Tangmarg Abbas Wani resigns from PDP
  2. Former MLA Tangmarg Abbas Wani resigns from PDP
  1. Renowned historian and former Jamia Millia VC Mushirul Hasan passes away
  2. Renowned historian and former Jamia Millia VC Mushirul Hasan passes away
  1. JRL writes to UN chief, urges him to establish commission of inquiry into Kashmir rights abuses
  2. JRL writes to UN chief, urges him to establish commission of inquiry into Kashmir rights abuses
  1. Human Rights Day: Mirwaiz seeks help of world community to end Kashmir rights violations
  2. Human Rights Day: Mirwaiz seeks help of world community to end Kashmir rights violations
  1. On Human Rights Day, relatives of disappeared persons protest in Srinagar
  2. On Human Rights Day, relatives of disappeared persons protest in Srinagar
  1. India test fires Agni-V missile
  2. India test fires Agni-V missile
  1. Kushwaha quits NDA, resigns as Minister
  2. Kushwaha quits NDA, resigns as Minister
  1. Woman dies after falling from Ferris wheel at UP fair while clicking selfie
  2. Woman dies after falling from Ferris wheel at UP fair while clicking selfie
  1. Two drug peddlers arrested in Jammu and Kashmir's Rajouri
  2. Two drug peddlers arrested in Jammu and Kashmir's Rajouri
  1. Modi govt considers farmers as liability: Rahul Gandhi
  2. Modi govt considers farmers as liability: Rahul Gandhi
  1. JRL calls shutdown in poll-bound areas of Kashmir on Tuesday
  2. JRL calls shutdown in poll-bound areas of Kashmir on Tuesday
  1. BJP expels dissident leader after SC junks his plea against governor’s decision to dissolve JK legislative assembly
  2. BJP expels dissident leader after SC junks his plea against governor’s decision to dissolve JK legislative assembly
  1. Indian diplomat walks out of SAARC meeting in Pakistan over PaK minister's presence
  2. Indian diplomat walks out of SAARC meeting in Pakistan over PaK minister's presence
  1. UP woman locked inside home by son, dies of hunger: police
  2. UP woman locked inside home by son, dies of hunger: police
  1. Clashes erupt in Hajin after burial of slain teenage militants
  2. Clashes erupt in Hajin after burial of slain teenage militants
  1. Thousands attend funeral of slain teenage militants in north Kashmir’s Hajin
  2. Thousands attend funeral of slain teenage militants in north Kashmir’s Hajin
  1. SC dismisses former BJP legislator's plea challenging dissolution of Jammu and Kashmir Assembly
  2. SC dismisses former BJP legislator's plea challenging dissolution of Jammu and Kashmir Assembly
  1. India beat Australia by 31 runs in Adelaide Test
  2. India beat Australia by 31 runs in Adelaide Test
  1. Brexit deal: Theresa May faces fight for her political life on Tuesday
  2. Brexit deal: Theresa May faces fight for her political life on Tuesday
  1. Role of military limited, solution of Kashmir issue only through politics: Army commander
  2. Role of military limited, solution of Kashmir issue only through politics: Army commander
  1. Kashmir shuts on JRL call against human rights violations
  2. Kashmir shuts on JRL call against human rights violations
  1. Pakistan continues to harbour militants that turn around and kill American soldiers: Nikki Haley
  2. Pakistan continues to harbour militants that turn around and kill American soldiers: Nikki Haley
  1. 'I can't breathe', Jamal Khashoggi's last words at Saudi consulate
  2. 'I can't breathe', Jamal Khashoggi's last words at Saudi consulate
  1. Mughal road, Srinagar-Leh highway closed after fresh snowfall in Kashmir
  2. Mughal road, Srinagar-Leh highway closed after fresh snowfall in Kashmir
x
This site uses cookies to deliver our services and to show you relevant news and ads. By using our site, you acknowledge that you have read and understand our Cookie Policy, Privacy Policy, and our Terms of Service.That's Fine