HC reserves its decision on plea against KAS exam 2016

The High Court on Monday reserved its decision on a plea against combined competitive (mains) examination 2016. 

A division bench of Justice Ali Muhammad Magrey and Justice Sanjeev Kumar reserved the order after hearing Azahar ul Amin, standing counsel for J&K Public Service Commission and the counsels on behalf of aggrieved candidates. 

   

Advocate Azhar ul Amin submitted that the petition is not maintainable as Public Interest Litigation as no public interest is involved in it. The other counsels opposed the argument. 

On 21 December 2018, the High Court had stayed the selection process of Kashmir Administrative Service examination 2016 after hearing a group of aggrieved candidates. The J&K PSC had conducted the combined competitive (mains) examination from July 24 to August 8 last year. 

While hearing its suo motto Public Interest Litigation, the court on 21 December last year had directed the PSC to file a detailed counter-affidavit to the objections raised by the aggrieved candidates.

The state’s premier recruitment body was also directed to explain why the petition shouldn’t be admitted.

The PSC however approached the Supreme Court against the High Court order. On January 21, the apex court allowed the J&K PSC to carry out further selection process in the Kashmir Administrative Service examination 2016 but barred the recruitment agency from making the appointment. 

The SC however, made it clear that the high court would be free to decide the suo-motu Public Interest Litigation on merits on the date fixed.

Out of 6427 candidates who had appeared in the KAS mains examination 2016, 963 were declared to have qualified for the personality test and viva-voice.

The high court had issued a notice to the PSC and asked it to file a detailed counter-affidavit to the objections raised by the aggrieved candidates.

In their plea before the High Court, the aggrieved candidates alleged, that PSC has resorted to “arbitrary scaling and moderation which wasn’t provided in the notification when the posts were advertised”.

The aggrieved candidates also placed before the court a representation dated 17 December with signatures of 83 applicants.

The court had appointed senior advocate Z A Shah as Amicus Curiae who will be assisted by advocate Mokshah Kazmi.

The court has asked the Amicus to examine the matter and place appropriate written submissions before it by January 28, the next date of hearing.

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