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Allow petitioner to appear in KAS examination, HC directs PSC
10/18/2009 9:21:42 PM
Early Times Report
Jammu, Oct18- In a petition filed by a contractual teaching assistant of Degree College seeking direction to PSC to treat the petitioner as in-service candidate, Justice Virender Singh of J&K High Court Jammu Wing, after hearing Senior Adv SS Lehar assisted by Advocate Nitin Bhasin, directed the PSC to accept the application form of petitioner and allow him to appear in the J&K Combined Competitive (main) Examination 2009 and also issued notice to state of J&K through Chief Secretary, Commissioner/Secretary GAD, Secretary and Deputy Secretary PSC returnable within four weeks.
Petitioner Vimal Kishore was appointed as teaching assistant on contractual basis in Government Degree College for the academic session 2008-2009 and he was re-engaged for the next sessions 2009-2010. According to SRO 379/2008 the maximum age for in-service candidate was forty years. During the course of arguments Advocate SS Lehar appearing for the petitioner submitted that pursuant to the notification December 30, 2008, petitioner appeared in the J&K Combined Competitive (preliminary) examination 2009 on the strength of the order dated January 27, 2007 and was treated in-service candidate. Now as per the notification dated September 17, 2009 inviting application for J&K Combined Competitive examination (main) he stands debarred, the advocate said and pointed out that this action of the respondent is unjust on the face of it and against the principles of natural justice.
Upon this Justice Singh issued notice to the respondents that till next date of hearing and filling of the objections, Secretary and Deputy Secretary PSC are directed to accept the application form of the petitioner and allow him to appear in the combined competitive (main) examination 2009 on his own risk and responsibility making it clear that this order shall not confer any equitable right in the favour of the petitioner, if ultimately he is held unsuccessful on merit.
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