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| HC’s directive to PSC chairman | | | Early Times Report
JAMMU, July 16: In a LPA filed by PSC (public service commission) against a writ court judgment whereby it had granted liberty to petitioners (junior KAS, KPS and accounts cadres) to make representation voicing their grievance, a high court division bench of chief justice N Paul Vasanthakumar and justice Ali Mohammad Magrey today directed PSC chairman to take a decision as directed by the single judge, keeping in mind the power conferred on him under Rule 33 (c), within a period of six weeks.
The petitioners' grievance is with regard to their selection made and according consideration to their representation by giving them liberty of hearing and thereafter pass orders warranted under facts and in the light of averments made in the representation in compliance with Rule 33 (1) of the J&K PSC conduct of examination rules, 2005 with further direction to take care of the claim of 6th writ petitioner -- Shahzada Mudasir Rashid -- as he had obtained 32.67 pc marks in Paper-I (General English) which has to be rounded off to 33 pc and he be declared eligible to be called for oral interview. The directions were ordered to be complied with within eight weeks.
The bench, after hearing both the sides, observed that all the petitioners are permitted to submit representation before the 2nd appellant, ie PSC chairman, explaining their grievance within a period of two weeks, if not already submitted and the 2nd appellant is directed to take a decision as directed by the single judge, keeping in mind the power conferred on him under Rule 33 (c), within a period of six weeks.
The case of the respondents/writ petitioners before the Single Judge was that the PSC vide advertisement notification of May 1, .2010 invited applications from eligible candidates for consideration and appointment against the advertised posts of Junior Scale of J&K Administrative Service, J&K Police (Gazetted) Service and J&K Accounts (Gazetted) Service. The applicants were to appear in the preliminary and main written examination. Those who qualify the main examination will have to appear for viva voce. The date of preliminary examination was notified as 29.08.2010 and the main examination was notified for 01.02.2011. The qualification prescribed was that the applicant must hold a Bachelor's Degree in any subject from a recognized University in India or from a Foreign University declared by Government as equivalent. Writ petitioners from No 1 to 8 applied under Open Merit category and writ petitioner No 9 applied under Resident of Backward Area (RBA) category before the cut off date. The PSC entertained their applications and issued admit cards for taking the preliminary examination.
According to the petitioners, on qualifying the preliminary examination they applied for the main examination which was conducted by PSC from 03.03.2011 to 28.03.2011 and they appeared in the main written examination also. As per the marks certificates issued all the writ petitioners have secured between 996 to 1137 marks and as per the writ petitioners the cut off marks for short listing for purposes of interview was 991. The writ petitioners were not called for the viva voce test on the ground that they had failed to secure the qualifying marks in the English paper I (Matriculate or Equivalent Standard) of the Main Examination of 2010. The marks secured by the writ petitioners in English paper I were 98, 77, 77, 97, 92, 98, 95, 93 and 91 respectively out of 300. The select list was published in Greater Kashmir Daily dated 03.09.2011. The writ petitioners having expected more marks in English Paper I of the main examination 2010, contended that the evaluator failed to apply the uniform standards in awarding the marks to all the competing candidates and as per Rule 33 of the J&K Public Service Commission (Conduct of Examination) Rules, 2005 ( for brevity '2005 Rules' hereafter), the candidates are entitled to have a right to seek scrutiny of marks and rechecking of results.
The petitioners applied in the prescribed form to the Controller of Examination for scrutiny of marks and rechecking of their results, however, no action was taken, hence they filed the petition praying for direction to scrutinize their English Paper I by Scrutinizers/Evaluators/Examiners well equipped in the subject of English with sufficient experience and based on the scrutiny of the marks, consider them for inviting for viva voce test and grant them selection against the advertised posts as per their preference. The said writ petition was opposed by PSC by contending that Rule 31 and 33 of 2005 Rules nowhere give entitlement for re-evaluation of the answer papers and the Controller of Examination has scrutinized the answer papers of the writ petitioners and noticed no change in the results which was also intimated to the petitioners. The petitioners, having failed to secure the cut off marks for shortlisting, were rightly not called for the viva voce test. It is also stated in the reply that out of 6,945 candidates who had taken the examination, more than 600 candidates had secured 50 pc or more marks in English. The minimum qualifying marks are always fixed by the commission after due deliberations and taking note of the relevant factors, it fixed 33 pc as qualifying marks for General English Paper-I. It was also stated that 6500 candidates had secured 49 pc or less marks. Compared to the said position in the Combined Competitive Examination 2010, out of 4463 candidates about 500 candidates secured 50 pc or more marks and 1920 candidates secured 33 pc or above marks, 1920 candidates secured 40 pc or above marks and 3312 candidates secured 33 pc or above marks and prayed for dismissing the writ petition. (JNF)
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