HC dismisses petitions challenging Assistant Surgeons' selection
Jammu, June 9: Justice Hakim Imtiyaz Hussain of Jammu High Court has dismissed 16 petitions challenging the selection process of 367 Assistant Surgeons.
The court, after hearing the counsels of both sides, observed that no fault could be found with the exercise undertaken by the Public Service Commission.
Referring to a judgment passed by Srinagar bench, the court observed that posts cannot be clubbed together to work out ratio of 1:3 of the candidates. The Commission, it said, had to work out merit separately for each notification and fix cut of point of the candidates applied in each notification separately
Holding that the judgment passed by the Srinagar wing squarely applies to the facts of the case, the court said that no inference in the process of selection conducted by the PSC was warranted in the present case at this stage.
The petitioners had raised the question as whether posts-advertised under different notification can be clubbed for short-listing of the candidates for the purpose of interviews under the rules.
The instant petitions were filed after PSC vide three different notifications invited applications from the eligible candidates for the post of Assistant Surgeons. Subsequently vide notification No 04-PSC of 2007 dated March 20, 2007, 200 numbers of 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 which provided that the candidates who have already applied in response to notification March 20, 2007 need not to apply again.
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 subsequently vided notification dated January 10, 2009 declared the result of the screening test but the petitioners were not called for the interview.
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 ration 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. JNF
Lastupdate on : Wed, 9 Jun 2010 21:30:00 Makkah time
Lastupdate on : Wed, 9 Jun 2010 18:30:00 GMT
Lastupdate on : Thu, 10 Jun 2010 00:00:00 IST
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