Excelsior Correspondent
JAMMU, Sept 29: Deciding bunch of petitions challenging the selection of Prosecuting Officers, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today directed the State to redraw the merit list of written examination and finalize the selection process on the basis of redrawn list.
The LPAs and petitions challenging the selection of Prosecuting Officers were filed in both the wings of the High Court. Advocates MA Qayoom and Ajay Abrol appeared for the petitioners whereas Advocate General Jahangir Iqbal Ganai and AAG Sajad Geelani appeared for the Government in Srinagar Wing of the High Court and Additional Advocate General Wasim Sadiq Nargal appeared for the State in Jammu Wing. Senior Advocate ZA Shah appeared for the private respondents.
After considering submission of both the sides, Division Bench observed, “nine issues arise for consideration in this appeal—Whether the appellants are justified in contending that 10 questions were out of syllabus; Whether 3 questions were wrongly framed; Whether for question No.26 wrong options were given; Whether Question Nos. 28, 31 and 35 were having two or more options; Whether the official respondents were bound to fix separate cut off marks for short listing the eligible candidates for the Viva Voce test; Whether the appellants are right in contending that separate examination boards were created for selection of each region; Whether the writ petitioners are right in contending that the short listing of candidates to be called for the Viva Voce test should have been in the ratio of 1:5 instead of 1:3; Whether the writ petitioners can challenge the mode of short listing after participation in the selection process and whether the appellants have established a case for ordering re-examination”.
The Division Bench further observed, “the issue that eleven questions, which are claimed to be out of syllabus by the appellants, were from the Constitution of India and Civil Procedure Code, Therefore, question Nos. 10, 11, 12, 13, 42, 44 and 45 asked from the Constitution of India cannot be treated as questions out of syllabus. Question No. 36 cannot be treated as incorrect or out of syllabus as this question is too elementary and the same is taught to every student as penal law at the basic level”.
After citing various judgments of the Apex Court, the DB observed, “on meticulous analysis of these 17 questions and their answers we could find that only in two questions the answers given were wrong. Thus, there is no necessity to order re-examination”.
“If the questions are vague or incapable of having a correct answer, the candidates who attended the said questions alone can be awarded marks and on finding that answers of Question Nos. 26 and 39 out of 45 questions are wrongly framed or the answers given are wrong, marks have to be awarded to all those candidates who have attempted these two questions or one of them in the written examination”, the DB said, adding “based on the award of such marks to such of the candidates who have attempted these two questions or one of them, the Selection Committee has to redraw the merit list of the written examination and if any candidate comes within the cut off marks already fixed for inviting him/her to appear in the Viva Voce test, they should also be called for the Viva Voce Test and thereafter only the selection shall be finalized”.
With these observations, Division Bench disposed of all the LPAs and petitions with the direction that 2 questions (Question Nos. 26 and 39) out of 45 have been found having wrong answer options and appropriate marks be awarded to all the candidates who appeared in the written examination and have attempted these two questions or one of them and based on the award of such marks to all such candidates the Selection Committee shall redraw the merit list of the written examination and based on the redrawn merit list, if any candidate comes within the cut off marks already fixed for inviting him/her to appear in the Viva Voce test, they should also be called for the Viva Voce Test and thereafter only the selection shall be finalized.
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