Excelsior Correspondent
SRINAGAR, Dec 21: Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Sanjeev Kumar today treated the representation filed by aggrieved aspirants as Public Interest Litigation and stayed the further selection process of KAS 2016.
“A number of aggrieved candidates, who are present in person, have raised issues before us with regard to KAS examination notification of 2016. A representation dated 17-12-2018 with the signatures of 83 applicants complaining the alleged irregularities in the J&K Public Service Commission Combined Competitive (Mains) Examination held from 2nd July to 8th August, 2018 has been placed before us”, the DB observed.
“There are complaints with regard to the digital marking in the examination, data corruption and huge human error. In addition, it is submitted that the J&K Public Service Commission has resorted to arbitrary scaling and moderation which was not mentioned in the notification when the posts were advertised”, the DB further observed.
In support of the prayer, the aggrieved students placed before the DB single bench judgement dated 30-12-2017 in OWP No. 1332/2017 and OWP No. 1413/2017 titled Hidayat Ahmed Mir and Ors. Versus State of J&K and Ors and Division Bench judgment dated 13-3-2018 in LPA No. 03/2018 titled J&K Public Service Commission Versus Hidayat Ahmed Mir and Ors, judgment of Division Bench of Orissa High Court dated 24-07-2018 in WP (C) No. 9890/2018 titled Dibya Jyoti Nanda Versus Central Board of Secondary Education and Anr.
Keeping in view the importance to the issues raised by the aggrieved candidates, the DB issued notice to the respondents, which was accepted by Azhar Ul Amin, appearing on behalf of the J&K Public Service Commission and M M Dar, appearing on behalf of the dropped candidates.
DB directed respondents to file detailed counter affidavit meeting the objections pointed out by the aggrieved candidates and to show cause as to why this petition be not admitted. The DB also appointed Senior Advocate Z A Shah as Amicus Curie who will be assisted by Advocate Mokshah Kazmi. The Amicus shall examine the matter and place appropriate written submissions before the next date.
DB further ordered that meanwhile, till next date of hearing, there shall be stay of further selection process.
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