HC stays single bench order, allows JK SSB to conduct JKP SI, JE exams
In a significant development the High Court on Friday stayed verdict of its single bench for cancelation of ongoing recruitment process of J&K Service Selection Board (JKSSB) for Police Sub Inspector as well as for Jal Shakti Department Junior Engineer-civil (JE) and prompted selection board to reschedule Computer Based Test (CBT) on December 20.
However, the JKSSB has been asked to withhold the results of the selection process, till the petition is decided.
A Division Bench of justices Vinod Chatterji Koul and Sindhu Sharma also issued notice to the other side to be returned within four weeks. “Meanwhile, appellant (JKSSB) shall proceed with the selection process of Junior Engineer (Jal Shakti Department) and Sub-Inspector (Home Department), however, the result of the same shall await further orders from this Court,” the court said.
Subsequently, the Jammu and Kashmir Services Selection Board (JKSSB) has rescheduled Computer Based Test for Sub Inspector (Home) on December 20. However, the JKSSB said that admit cards issued earlier will not be entertained and shall be issued afresh.
“It is hereby notified for the information of all such candidates whose Computer Based Written Test (CBT) examinations for the post of Sub Inspector Home Department advertised vide Notification no. 06 of 2021 which was scheduled on 09.12.2022 and was postponed vide Notice no. JKSSB-COE0EXAM (UT)/54/2022-03 (7057013) Dated: – 08.12.2022 shall now be held on 20.12.2022,” JKSSB said in a notification.
“However, Admit cards downloaded previously by the candidates shall not be valid for 20-12-2022 examination and the candidates need to download admit cards afresh for the CBT examination to be held on 20.12.2022,” the notification said, adding, “ The Fresh Level 1 and Level 2 admit cards shall remain available on JKSSB website w.e.f 13.12.2022 and 17.12.2022 respectively. Further the examinations scheduled from 11.12.2022 to 19.12.2022 shall be conducted as per the schedule issued already.”
The court has further granted three weeks time to JKSSB to file its response.
On Friday, the JKSSB filed an appeal against the decision and the matter was heard by the division bench comprising of Justice Sindhu Sharma & Justice Vinod Chatterjee Koul, which allowed the JKSSB to continue with the selection process.
The bench observed that the contention of the Advocate General D C Raina is that the writ petition has been decided by the Writ Court in contravention to Rule 14 and 15 of the writ proceeding rules and the entire selection process to the post of Junior Engineer (Jal Shakti Department) and Sub-Inspector (Home Department) have been quashed.
DB stayed the impugned judgment and ordered that JKSSB Shall proceed with the selection process of Junior Engineer (Jal Shakti Department) and Sub-Inspector (Home Department), however, result of the same shall await further orders from this Court.
While hearing the petition on Thursday, Justice Wasim Sadiq Nargal had observed that the process adopted and decision made by SSB to award contract to M/s Aptech Limited is malafide and change of condition in tender was intended to favour M/s Aptech Limited and these decisions will have an effect on public interest as the M/s Aptech Limited has been assigned to conduct examinations, wherein the selectees will be appointed to hold public posts.
Justice Nargal on Thursday allowed the writ petition and quashed the contract awarded by JKSSB in favour of M/s Aptech Limited pursuant to e-NIT No.19 of 2022 dated 30.09.2022 for conduct of its various examinations through computer based tests mode.
“Consequently, all the exams viz Junior Engineer-civil (Jal Shakti Department) and Sub Inspector (Home Department) held by JKSSB through M/s Aptech Limited in furtherance of the aforementioned ‘award of contract to conduct examinations’ are also set aside/cancelled at whatever stage they are as on date,” Justice Nargal had ruled.
He had directed Govt 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.
