Early Times Report
Srinagar, Dec 23: The J&K high Court today stayed a notification of Jammu and Kashmir Public Service Commission dtd Dec 15 regarding shortlisted candidates for direct recruitment against 152 posts of Assistant Engineers (Civil) in PWD, PHE and Irrigation & flood control departments.
Soon after the written test on 13 October 2015, the commission had notified the official key regarding answers to questions in written test paper and sought objections, if any, by the candidates.
A number of candidates filed a petition, seeking the process regarding selection of the Assistant Engineers (Civil) be cancelled and fresh examinations conducted.
When the hearing petitions were taken up, the Single Bench of the court comprising Justice A M Magrey said, "Perusal of the pleadings and the documents on record prima facie reveal that the Commission has gone wrong in setting up the question papers/ key which has reference to their admission reflected in Notification no. PSC/EX-15/59 dated 15/12/2015."
In order to ensure substantial justice in the matter and registering the seriousness of the matter pertaining to the examination against the Gazetted Posts, the Court said that it has become necessary to call for the records of the case and examine the position in depth. Accordingly, the court issued the notice returnable with four weeks.
"Meanwhile, subject to objections of otherside the operation of the impugned notification no. PSC/EX-15/60 dated 15.12.2015 shall stay," the court said and directed Azhar-ul-Amin to keep the records available on next date of hearing.
Earlier Advocate R A Jan, Senior Counsel, representing the petitioners, submitted that the commission declared official key of the question paper and after going through the key, the petitioners noticed certain wrong questions/keys and accordingly brought the same into Commission's notice in the shape of a representation. He submitted that the Commission, having acted on the representation, admitted incorrectness of the question paper and found that the official key in respect of some questions is wrong, therefore, referred the matter to team of experts.
On basis of the expert opinion, Jan said, the PSC issued notification No. PSC/EX-15/59 dated 15.12.2015 regarding shortlisted candidates. Jan submitted that the number of wrong questions being more than 10% of the total number of questions in the papers warrants cancellation of examination and holding of fresh examination in terms of proviso appended to sub Rule c of Rule 12A of the Rules.
Azhar-ul-Amin, appearing as counsel for PSC submitted that there is only one question found wrong, therefore, the Commission has rightly corrected the wrong by applying Rule 12A&B of the Rules as amended from time to time. He also submitted that the incorrect question stands deleted and the marks allocated to this question redistributed equally amongst the rest of the questions on pro-rata basis at the time of calculation/ compilation of award sheet before the declaration of the result. |
