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SC stays selection list of KAS 2016 Mains Exam
5/3/2019 10:41:52 PM
Early Times Report
JAMMU, May 3: In a recent development with regard to the KAS 2016 examination, the Supreme Court (SC) has stayed the result of the selection process and hereby directed JKPSC to not declare any result until all the pending matters are disposed off.
The SC while passing the judgement in the case Titled: "Owais Shah and Others v/s The State of J&K and Others dated 3.05.2019 has directed JKPSC that they cannot declare the selection list and also made it clear that the High Court (HC) is free to decide the pending Public Interest Litigation and all connected cases both on maintainability and merit. The SC has also directed the HC to do so at the earliest preferably within a period of four weeks from today.
It is pertinent to mention that the JKPSC declared the KAS 2016 mains examination result on 4th Dec 2018. Many ousted candidates claimed that the result is full of errors and irregularities. On state wide protest, JKPSC via a press conference disclosed that they have adopted the methodology of On Screen Marking/ Digital Evaluation in the KAS 2016 mains examination. Henceforth after a state wide outrage the HC Division Bench Bench comprising of Justice Gita Mittal, Chief Justice and Justice Sanjeev Kumar, Judge took suo motto cognizance of the matter and stayed the interview process in response to a PIL: 29/2018. However, the JKPSC challenged the HC, DB order dated 21.12.2019 through Special leave petition in the SC. In response to the SLP: 1493/2019 the SC DB comprising of Chief Justice of India and Justice Sanjiv Khanna passed an interim order dated 21.01.2019 whereby the stay on interview process was vacated and JKPSC was directed to go ahead with the interview process including declaration of result but JKPSC was asked to not issue any appointments.
The SC in response to a fresh SLP: 9541/2019 remarked that "Our order dated 21.01 2019 passed in SLP No. 1493/2019 leaves no room for any ambiguity or doubt that though the selection process can be finalized, no appointment will be made.
What would require to be made clear is that if appointments are not permissible to be made, the declaration of the results would be a futile exercise and may give cause to unnecessary third party rights which we must avoid". Accordingly, SC directed that the result of the selection process shall not be declared.
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