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| POs selection: DB disposes off LPAs, directs State to redraw merit list of Prosecution officers | | | Early Times Report
JAMMU, Sept 29- The Division Bench (DB) of State High Court comprising of Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today decided bunch of petitions from Jammu as well as Kashmir challenging the selection of Prosecuting Officers (POs) and disposed of all the LPAs and petitions with the observations that as 2 questions ( i.e. for question nos. 26 and 39) out of 45 have been found having wrong answer options appropriate marks be awarded to all the candidates who appeared in the written examination.
Division Bench after hearing Advocates MA Qayoom and Ajay Abrol for the petitioners whereas Advocate General Jahangir Iqbal Ganai with Additional Advocate Generals WS Nargal and Sajad Geelani appearing for the state whereas Sr Adv ZA Shah appearing for the private respondents disposed of all the LPAs and petitions and directed state to redraw merit list of Prosecution Officers.
Division Bench after considering submission of both the sides observed that nine issues arise for consideration in this appeal that whether the appellants are justified in contending that 10 questions put were out of syllabus- Q Nos. 10,11,12, 13, 30, 36, 38, 40, 44 and 45; whether 3 questions, viz. Q Nos: 4, 39 and 42 were wrongly framed, whether for Q No.26 wrong options were given; whether Q 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 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 participating in the selection process and whether the appellants have established a case for ordering re-examination.
Division Bench further observed that eleven questions, which are claimed to be out of syllabus by the appellants, were from the Constitution of India and Civil Procedure Code and cannot be treated as questions out of syllabus while 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.
Division Bench said there is no necessity to order re-examination, but it said it was found that answers of these two questions (Question no. 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. "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, Court said.
With these observations Division Bench disposed of all the LPAs and petitions with the directions that appropriate marks be awarded to all the candidates who have attempted these two questions or one of them and based on the award of such marks to all such candidates the Selection Committee is directed to redraw the merit list of the written examination and based on the said 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. (JNF) |
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