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| HC dismisses 16 petitions challenging selection of 367 Asst Surgeons | | | early times report
Jammu, June 9: The high court has dismissed sixteen petitions challenging the selection of 367 assistant surgeons. A single bench of the high court comprising Justice Hakim Imtiaz passed the order today.
The court after clubbing sixteen petitions heard them together and were dismissed by common judgement.
The Public Service Commission invited applications from the eligible candidates of the state for the post of Assistant Surgeons vide notification No 04-PSC of 2007 dated March 20, 2007. Two-hundred posts of Assistant Surgeons were advertised. After five months of this notification, another notification No 13-PSC of 2007 dated August 31, 2007 was issued wherein 69 posts of Assistant Surgeons were advertised. In April 2008 third notification No o4-PSC of 2008 dated April 8, 2008 was issued inviting applications for the post of Assistant Surgeons wherein 199 posts were advertised.
The petitioners applied under the open merit categories pursuant to the first advertisement notice dated March 20, 2007. The subsequent notifications dated August 31, 2007 and March 8, 2008 contained a note saying candidates who have already applied in response to notification March 20, 2007 need not to apply again. The petitioners therefore, did not submit fresh application forms in pursuance to the subsequent notifications. As the notification dated August 31, 2007 a common screening test for short-listing of candidates was scheduled to be held on November 18, 2007. Since the number of candidates who had applied was very large, the commission decided to hold a written test to short-list the candidates. Accordingly a screening test was conducted on July 20, 2008. The Commission vide notification dated January 10, 2009 declared the result of the screening test. The petitioners in the present petition have not been called for the interview; they are aggrieved of their non-selection and have challenged the list of successful candidates issued by the commission.
The commission stated that the number of candidates who had applied against three notifications comes to 2994. The Commission in terms of Rule 40 of J&K Public Service Commission Rules 1980 dealt with the matter and finalized a list of candidates, three times the total number of posts advertised in the notifications. The cut of point was accordingly fixed, keeping in view merit of the candidates and the number of vacancies notified in such notifications.
The Commission after conducting a screening test had selected candidates in the ratio 1:3, three candidates for one post and fixed the cut off marks which corresponds with the merit of last of the candidate called for interview by applying ratio of 1:3.
Justice Hakim Imtiyaz Hussain after hearing the parties observed that no fault can be found with the exercise undertaken by the Commission, and referred a judgment of this High Court where a similar issue arose in a bunch of petitions at Srinagar Wing. These petitions were decided on April 2, 2007 where this Court on examination of Rule 40 referred above, observed that posts cannot be clubbed together to work out ratio of 1:3 of the candidates. The Commission has to work out merit separately for each notification and fixed cut of point of the candidates applied in each notification separately and said that this judgment squarely applies to the facts of present case as such the court finds no inference in the process of selection conducted by the PSC is warranted in the present case at this stage and in these circumstances. Court also found no ground is made out for admission of these petitions which are dismissed. ---JNF
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