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| HC directs PSC to declare result of petitioners seeking appointment as AEs | | | Early Times Reporter
Jammu | May 6
Justice YP Nargotra of J&K High Court, Jammu Wing, today in a bunch of writ petitions seeking appointments against the post of Assistant Engineer (Civil), directed the Public Service Commission to declare the result of the petitioners and in case they make the grade in their respective categories recommend their names for appointments.
The candidates belonging to different reserved categories in their writ petitions submitted that they had applied for the post of Assistant Engineer (civil) in pursuant to notification issued by PSC on September 20, 2005 could not make the grade for finding a place in the shortlist in view of the error committed by PSC in preparing the shortlist. The petitioners maintained that the reserved category candidates who had secured more marks in the screening test than last selected candidate figuring in the open merit category, should have been selected in the open merit category and not in their respective categories. The High Court on May 4, 2007 in the interim direction, issued notice to the respondents subject to objections from the other side till further orders from this Court, respondents are directed to conduct interviews of the petitioners for the post of AE (civil) under categories and their result has yet not been declared.
Sr. Adv DC Raina appearing for the PSC submitted that Commission does not want to question the right of the petitioners to participate in the interview process. He further submitted that the Commission would declare the result of the petitioners depending upon the individual merit obtained by them and would recommendation for appointment shall be made. In this view of the matter, grievances of the petitioners that they were entitled to participate in the selection process stands redressed and therefore, these petitions, according to DC Raina may be disposed off with a direction to PSC to declare the result of the petitioners.
Advocates DS Thakur, Sunil Sethi, KM Bhatti, MI Sherkhan and KJ Singh appearing for the petitioners submitted that the procedure for preparing the shortlist envisaged under the rules has been violated which vitiates the select list. They further argued that the PSC not following the procedure prescribed for short-listing of the candidates has disturbed the ratio of the candidates, the posts and thereby resulted into competition of the petitioners with those candidates who would have not been in the list of reserved category. If the reserved category candidates would have been shifted to open merit category, the area of competition would be have been restricted with the lesser reserved category candidates. They submitted that Rule 40 of Business and Procedure Rules, Examination Rules, 2005 framed by the PSC has been violated which makes entire selection bad in law.
While directing the PSC to declare the result of the petitioners, Justice Nargotra observed that if the petitioners would have been selected, they would not have any cause to come to the Court. The only grievances which can be projected by the petitioners is that they were legally entitled to be short listed for participating in the interview yet they have not been selected. Their grievance stands redressed as on the strength of the Court order, they have been interviewed and the PSC does not want to contest their right to participate in the interview process, meaning thereby PSC is ready to treat the petitioners to have been selected in the short listing process. The petitioners have participated in the interview process and after having availed the benefit of participating in the interview process, they cannot be permitted to turn around to say that the entire short-listing is bad in law, their grievance having been redressed. In this view of the matter, petitioners cannot be permitted to assail the entire selection process. Court said that no candidate in law has right to insist that area of competition be restricted. With these observations, Court disposed off the bunch of petitions with direction to PSC to declare the result of the petitioners and in case they make the grade in their respective categories recommend their names for appointment. JNF |
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