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HC dismisses ST candidates' petition seeking participation in CC mains exam
3/31/2012 11:40:16 PM
Early Times Report
JAMMU, Mar 31: The high court today dismissed a petition of scheduled tribe (ST) candidates seeking participation in the combined competitive (mains) examination as they had appeared in the preliminary exam.
The petition was filed by ST candidates of backward areas and villages close to LoC who had appeared in the combined competitive (preliminary) exams. They sought their selection against the posts reserved for their category.
PSC had published the list of candidates shortlisted for participation in the CC (mains) examination vide notification dated October 3, 2011. The names of the petitioners did not figure therein. They then moved the high court, questioning the notification and seeking participation in the CC (mains) examination.
After hearing the two sides, Justice J P Singh observed that Rule 8(2) of the Jammu and Kashmir CC examination rules, 2008, empowers PSC to shortlist 1/3rd of the total number of candidates who had appeared in the preliminary examination or 25 times of the total number of vacancies to be filled in various services and posts.
This has not been questioned by the petitioners in the petition which, when read as a whole, vests discretion in the commission to either prescribe minimum qualifying marks for participation in the main examination or resort to the method of permitting only 1/3rd of the total number of candidates who had appeared in the preliminary examination or 25 times the total number of vacancies to be filled in various services and posts.
The petitioners' grievance cannot be entertained for adjudication.
Even otherwise, the issue projected by the petitioners in the petition is already settled by this court in various petitions and further observed that the petitioners' plea based on Baloji Badhawath's case cannot, therefore, be entertained for consideration in view of the provisions of Rule 8(2) of the Jammu and Kashmir CC examination Rules, 2008, which support the course adopted by the commission in shortlisting the candidates for the mains examination.
With these observations, the court dismissed the petition.
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