JK News Today
Jammu, March 10 : A division bench of the Jammu and Kashmir and Ladakh High Court on Friday asked the JKSSB to go ahead with its exams schedule of all the posts but restrained it from making many any selection list public of the junior engineers and sub inspectors .
The direction of the division bench of Mr. Justice Tashi Rabstan and Mr. Justice M A Chowdhary , came after it heard the lawyers of the JKSSB and Aptech Ltd, seeking
(M.A. Chowdhary) (Tashi Rabstan) against the single bench order of December 8, 2022 . The Division bench set aside the order and directed the government to file its reply to the matters concerning JKSSB and Aptech Limited within two weeks .
The division bench after reflecting on the judgment of December 8, 2022 and the points raised by the counsels for the JKSSB and APTECH ltd, passed these orders.
“ In view of what has been discussed above, we, without
discussing the merits of the case, deem it proper to dispose of the appeals and
remit the writ petition back to the Writ Court for deciding the matter afresh.
Ordered accordingly. Accordingly, the order and judgment impugned is hereby
set aside, the writ petition is restored to its original number and the writ
petition is remitted back to the learned Single Judge with a request to decide
the matter afresh. Writ respondents through their learned counsel are directed
to file objections/counter to the writ petition within two weeks from today,
thereafter, rejoinder, if any, to be filed within next one week. Registry is
directed to list the writ petition before the learned Single Judge on 5th of April , 2023,
when the learned Single Judge is requested to finally decide the writ
petition. Till then interim direction dated 09.12.2022 shall remain in force.
Appeals stand disposed of along with connected miscellaneous CMs.”
The single judge order of December 8, 2022 was :
“74. Keeping in view the aforesaid peculiar facts and circumstances of
the case and for the foregoing reasons, I am of the opinion that the
process adopted/decision made by the awarding contract to
Respondent No.2 (M/s Aptech Limited) is malafide and change of
condition in tender was intended to favour Respondent No.2 and these
decisions will have an effect on public interest as the Respondent No.2
has been assigned to conduct examinations, wherein the selectees will
be appointed to hold public posts, accordingly this writ petition is
allowed and the contract awarded by respondent No.1 in favour of
respondent No.2 pursuant to e-NIT No.19 of 2022 dated 30.09.2022
for conduct of its various examinations through computer based tests
mode is quashed. Consequently, all the exams viz Junior Engineer-
Civil (Jal Shakti Department) and Sub Inspector (Home Department)
held by respondent No.1 through respondent No.2 in furtherance of
the aforementioned “award of contract to conduct examinations” are
also set aside/cancelled at whatever stage they are as on date.
- The Government is hereby directed to constitute a high level
Committee headed by not less than a retired High Court Judge to
enquire into the conduct of Jammu and Kashmir Service Selection
Board for the their brazen irregularities/illegalities in changing the
terms/conditions of the tender, also as to what weighed with them to
award a contract to conduct an examination by an organization which
has previously facilitated malpractices in public examinations and
accordingly appropriate action be initiated against those found guilty. - Further, I would like to say that the by its own act of omission and
commission, the functioning of Jammu and Kashmir Service Selection
Board does not inspire confidence in holding public examinations. It
has become incumbent on all stake holders to review the functioning
of the Board.”
