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| DB defers further order on KAS as matter is pending in Apex Court | | | Early Times Report
Srinagar, Jan 30: In a much publicized Suo-Moto PIL in KAS, a Division Bench of State High Court Comprising Justice Ali Mohammad Magrey and Justice Sanjeev Kumar today deferred consideration of the matter till clarification is sought either by Public Service Commission or by any aggrieved party from the Supreme Court as to whether in view of the pendency of Special Leave Petition this court can proceed to deal with the preliminary objection regarding maintainability of PIL.
Division Bench after hearing battery of lawyers from both the sides directed that meanwhile, till next date of hearing, there shall be stay of further selection process.
It is worthwhile mentioning here that some candidates have filed three IAs seeking to intervene in this PIL. Some of these candidates are those who have been declared successful in the Mains Examination and some are those who have failed therein. These interveners have sought their impleadment as respondents in the PIL and vacation of the interim direction dated 21.12.2018 which, according to them, is greatly prejudicing their interests.
Sr. Adv Z. A. Shah, Court Counsel, submitted that in terms of the Supreme Court order dated 21.01.2018 this Court is required to decide the PIL on merits. While Mr. R. A. Jan, counsel, representing the aggrieved candidates submitted that the Court on considering the seriousness of the matter with reference to the change in the standard of examination by shifting to Digital Evaluation.
On Screen Marking (DE/OSM) has entertained the suomoto PIL for ascertaining as to how the Commission has made such a change in the procedure, which is stated to be full of errors.
Adv Javed Iqbal, representing the applicants/candidates in IA no.03/2019 submitted that some of the aggrieved candidates have already challenged the action of the PSC in SWP No. 07/2019 with reference to shifting of mode and method of the evaluation of the answer papers from manual to digital screen evaluation and the same is expected to be listed for consideration before the Single Bench of this Court within a day or so. He submitted that the writ petition may be considered along with this PIL for consideration.
DB further observed that in views of the principle of law laid down by the Supreme Court so far as the maintainability of the Public Interest Litigation in service matters is concerned, the instant writ petition is completely misconceived and misdirected."
In light of the above, DB deferred further consideration of the matter till clarification is sought either by Public Service Commission or by any aggrieved party from the Supreme Court as to whether in view of the pendency of Special Leave Petition this court can proceed to deal with the preliminary objection regarding maintainability of PIL. |
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