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| HC refuses to extend date for judicial service exam | | | Early Times Report
Jammu, Oct 6 : A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Sindhu Sharma and Justice Puneet Gupta dismissed the petition filed by 15 students seeking quashment of Notification No. 38-PSC (DR-P) of 2023 dated 27.08.2023, issued by respondent No.4, to the extent the date fixed for preliminary examination to be conducted on 08.10.2023 and competitive (Mains) examination with effect from 08.11.2023 for the post of Civil Judge (Junior Division).
The DB while dismissing the petition, observed that the Court is not to venture itself in such comparison and declare time frame for different posts and don the cloak of an expert.
The Court is not required to enter into the arena of Policy matter of the Commission unless it apparently appears to be unfair and unjust and the contention raised by the petitioners qua the time granted for preparation of examination and the date sheet etc. is met by the judgment of this Court in Raja Anees Ali and Ors. v. State of J&K and Ors., wherein the Division Bench of this Court dealt in the writ petition challenging the date sheet, timing etc. issued by the Jammu and Kashmir Public Service Commission for the post of ‘Munsiff. It was held that “the time schedule of the examination has nothing to do with the preparation of the candidate. The candidate is duty bound to prepare himself and take exams in all the circumstances and in all the seasons of the year.”
The court refuse to interfere into the administrative action of the Commission and dismissed the writ petition.
The DB further observed that the challenge thrown to the Notification fails on all fronts and the pleas raised are specious and devoid of merit. The candidate, who is not able to cope with the date sheet can conveniently skip the selection process and prepare for the next selection as and when held, Division Bench said.
The DB further said that it is his choice to sit in the examination or quit before the examination takes place. It is for the candidate to prepare for examination within the time prescribed as it is same for all the candidates who intend to appear in the examination. The clock for examination has ticked fast for the petitioners and cannot stop. The arrangement having been made in all respects for 4000 candidates the examination cannot be deferred for a handful of candidates, petitioners herein, who wish for further time. With these observations, the Division Bench dismissed the petition as petition is without merit. JNF |
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