The High Court of Jammu & Kashmir and Ladakh Friday stayed the single-judge verdict regarding cancellation of all examinations conducted by J&K Service Selection Board (JKSSB) through blacklisted firm, Aptech Limited for the posts of Junior Engineer-civil, Jal Shakti Department, and Sub Inspector, Home Department.
A division bench of Justices, Sindhu Sharma and Vinod Chatterji Koul directed the JKSSB to 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 bench said.
The court stayed the judgment after Advocate General, DC Raina submitted that the 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 (JE), Jal Shakti Department and Sub-Inspector (SI), Home Department, have been quashed.
The bench after hearing Raina issued notice to the other side and directed them to file a counter within four weeks.
The court was hearing an appeal challenging a single-judge verdict passed on December 08, this year, wherein the the single-judge bench while cancelling the examinations of JE and SI had directed the government to constitute a high level Committee headed by not less than a retired High Court Judge to enquire into the conduct of JKSSB for their “brazen irregularities and illegalities” in changing the terms or 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,” the bench asked.
The court had observed that by its own act of “omission and commission”, the functioning of JKSSB does not inspire confidence in holding public examinations.
“It has become incumbent on all stakeholders to review the functioning of the Board,” the court directed.
The court had passed the rulings in a plea filed by the aspirants, Vinkal Sharma and others, who had sought direction to JKSSB not to conduct the examination through M/s Aptech Limited, blacklisted in the past, and to appoint some other agency, which is not previously blacklisted for conducting such examinations through Computer Based Test Mode (CBTM) involving public employment.
