The Central Administrative Tribunal (CAT) in Srinagar, has directed the Jammu and Kashmir Public Service Commission (PSC) to elucidate the basis under which it issued the revised result for the Combined Competitive Preliminary Examination.
A bench presided over by members Prasant Kumar(A) and M. S. Latif Member (J) observed,
“PSC will explain as to whether there is any rule which permits them to have issued notification dated 18-11-2023 and with a further direction upon the Public Service Commission to place all such representations before this Tribunal as to who were the candidates who had filed the applications for seeking review of the earlier notification dated 27-10-2023, the needful be done on of before ten days time”.
These directions were passed while hearing a plea in terms of which the petitioners challenged the J&K PSC's conduct of the preliminary examination held earlier this year on October 15th 2023.
Represented by advocate M. Ashraf Wani, the petitioners raised concerns about irregularities in the answer key for the General Studies Paper-I (GS-I) during the examination.
The counsel submitted that the petitioners had qualified the preliminary exam in terms of the previous result but owing to change in the answer key and the consequent Revised Result issued by the commission they had been declared as not qualified.
The controversy stemmed from another notification, dated November 18, 2023, whereby the PSC purportedly formed a committee to re-examine the answer key, contradicting the earlier experts' opinion. The petitioners contended that this action by the PSC was arbitrary and malafide, as the experts' opinion was meant to be conclusive.
Representing the Public Service Commission, Mr. Shah Aamir submitted that a clarification, supported by an affidavit, will be submitted to explain the circumstances leading to the issuance of the contentious notification dated November 18, 2023.
In light of the submissions made at the bar the CAT issued notices to the respondents and granted them ten days to file detailed responses in the matter. Additionally, the Secretary/Controller of examination, PSC, was directed to explain if any rule permits the issuance of the contentious notification.
Furthermore, the Tribunal also directed the PSC to provide a list of candidates who sought a review of the earlier result notification dated October 27, 2023, within ten days.
Listing the matter again on 19 December 2023, the Tribunal has protected the interests of the petitioners till the outcome of the petition.
Case Title: SAHIL SALEEM RATHER AND OTHERS Vs PUBLIC SERVICE COMMISSION
Click Here To Read/Download Order.
Source: Livelaw