Srinagar, Oct 27: In a path-breaking judgment with far reaching implications for the mode and manner the recruitments are made in Jammu and Kashmir, the High Court has defied the weightage given by the selection committees to the academic performance, while holding that the right course is to hold a uniform written test for all aspirants to evaluate their merit.
“Where the response to an advertisement notice is enormous the selection authorities may go for a uniform screening test to shortlist the candidates for the written examination,” it said. Holding that the performance of the candidates in their degree examinations as set out in their final marks sheets may not be reflective of their true merit, the single bench of Justice Hasnain Massodi in a service writ petition held that giving weightage to the academic performance could change the merit into demerit.
To further impress its point, the court said the board (SSB) is not expected to give weightage to the performance in academic examination, written test or vivo-voce in a manner as has scope for converting merit into demerit. “The extent of weightage given should also not leave room for any arbitrariness,” it said.
The judgment, a copy of which is with Greater Kashmir, however, creates room for giving weightage to the academic performance in case the candidates applying to a particular post have passed the examination from one university/board, which however it believes is almost impossible.
“The board is not to give weightage to performance in academic examination that makes a candidate eligible for the post unless all the candidates have passed such examination from one University or more than one University having comparable standards of assessing performance in such examination.”
The court observed that when the candidates have acquired the eligible qualification from different Universities, the Board is not expected to give weightage to the performance as “there is always possibility of different Universities having different parameters or standards for awarding marks or assessing performance in such examinations.”
“It is a fact of common knowledge that different Universities within the country and outside the country have their own standard and norms to evaluate performance of their B.E/B-Tech degree students. In a University outside country like Russia the students may be allowed to go for take home examinations where they are allowed to take the question paper to their residence solve and answer it within 6-8 hours and return the answer sheets in evening at their respective examination centres. The Universities within the country like National Institute of Technology may have yet to experiment with the take home examination procedure and insist on in-class examinations,” it said.
The court held: “Similarly some Universities may earmark more marks for participation in seminars, workshops or writing articles and some universities may lay extra focus on class attendance, sessions and written examinations.”
Conceding with the petitioner’s view, the court held: “The petitioner has rightly pointed to the selection of respondent no. 7 who like petitioner obtained only   10.67 points in vivo-voce but stole march over the petitioner because of her higher merit in BE/B Tech examination to insist that the weightage given by the Board to the performance in BE/B Tech examination was bound to work harshly against the candidates who were otherwise meritorious and well suited for the advertised job.”
While concluding the court held: “… the Board or for that matter any authority including PSC should not as a general rules give any weightage to the performance of the candidates in University or Secondary School examinations that make them eligible for  appointment to the advertised post. The merit obtained in such examination cannot be even taken into account for short-listing the candidates.”
Suggesting alternative, the court held: The right course  for the Board or the  Commission  as the case may be would be  to hold a uniform  written test for all the aspirants for advertised post(s), who have graduated or passed  from different Universities  and  Secondary School Board and evaluate their merit on the basis of their performance  in such written  examination.”
“Where the response to an advertisement notice is enormous the Board may go  for a uniform  screening test  to short list the candidates for the  written examination,” the court directed.

Lastupdate on : Thu, 27 Oct 2011 21:30:00 Makkah time
Lastupdate on : Thu, 27 Oct 2011 18:30:00 GMT
Lastupdate on : Fri, 28 Oct 2011 00:00:00 IST