Pankaj Sharma vs State Of Jammu & Kashmir & Ors

4. To appreciate the controversy centered round the litigation, few relevant facts may be noted.

5. Selection process was initiated by the Jammu & Kashmir Public Service Commission ('Commission' for short) for filling up 132 posts of eighteen Gazetted Services as notified on April 1, 2005 by Jammu & Kashmir Combined Competitive Examination. The examination was held on July 3, 2005. The appellants-writ- petitioners appeared for the Preliminary Examination but were not successful for being considered eligible and qualified in the process of 'short listing' and could not appear at the Main Examination as also at Oral Interview. The selection process at the Preliminary Examination was challenged, inter alia, on the ground that it was defective inasmuch as there were spelling mistakes, printing errors, discrepancies, questions having doubtful answers and even wrong answers; etc., the course adopted by the Commission of deleting certain questions and adding those marks pro-rata to the remaining questions was not proper; the decision was also illegal and invalid as it was not taken by majority of Members of Commission; all the Members of the Commission did not participate in the corrective process; only three Members over and above the Chairman were present; out of those three Members, two Members opposed the method sought to be suggested by the Commission and were against it. So far as the third Member is concerned, he was ineligible and disqualified to take part in the proceedings since his ward was one of the candidates/aspirants. He, therefore, could not have attended the Meeting and participated in the process, thus, leaving the decision to the Chairman alone. Such decision was wrongly described as the decision of the Commission. The entire process undertaken by the Commission was totally illegal, unlawful and arbitrary and was fraud on the Constitution and liable to be set aside by directing the Commission to hold Preliminary Examination afresh in accordance with law.

8. The order passed by the learned Single Judge came to be challenged by the aggrieved writ-petitioners by preferring intra-court appeals. The Division Bench in a brief order dismissed the appeals observing that it found 'no basis for any grievance' against the judgment of the learned Single Judge. The appellants have now approached this Court.

9. On February 2, 2007, the matter was placed for admission hearing and notice was issued. Parties were directed to file affidavits. On April 5, 2007, in I.A. No.2 of 2007 ad-interim relief was granted and though the proceedings were allowed to continue, it was ordered that no actual appointment should be made. The Registry was thereafter directed to place the matters for final hearing. That is how they are placed before us.

16. The Main Examination again was in two phases; (i) Written Examination, and (ii) Oral Interview. Written Examination comprised of papers of conventional essay type, out of which one paper was to be of qualifying nature only, in the subjects set out in Appendix-IX as per the detailed syllabus in Appendix-IB. Candidates who obtained minimum qualifying marks in the Written Examination as fixed by the Commission were to be called for Oral Interview in the ratio of 1:3; i.e. three candidates as against one post.

20. Immediately on the next day, i.e. July 7, 2005, a meeting of the Commission was held which was attended by its Chairman, Mr. M.S. Pandit, Mr. M.S. Khan, Mr. C.L. Bansal, Ch. Bashir Ahmad and Dr. N.A. Jan. Prof. B.K. Tiku (a member) was not available on that day and, hence, could remain present. The meeting discussed the issue in detail and devised a scheme in the light of representations. The Commission unanimously decided that such of the reported questions as were admittedly wrong should be deleted and the marks of deleted questions be added pro-rata to the rest of the questions so that no prejudice would be caused to candidates. The relevant extract of the decision of the Commission, along with names of members who participated, reads thus; S/Shri

21. The Commission also received certain representations from aggrieved candidates thereafter. On July 11, 2005, an extra-ordinary meeting of the Commission was convened and a decision was taken that the result of all candidates who appeared in the Preliminary Examination be prepared indicating separately marks obtained in General Studies and Optional papers and the result to be brought formally for approval before the Commission. Thereafter, the candidates in various categories should be asked to appear in the Main Examination. The Chairman of the Commission and all the five members attended the meeting and took the following decision; S/Shri

30. Since both the dissenting members wanted their dissenting views to be reflected in the objections/counter to be filed in the Court on behalf of the Commission, the matter was placed before the Commission in its extra- ordinary meeting held on September 12, 2005 in which over and above Chairman, three members were present including both the members who submitted dissenting note, namely, Prof. B.K. Tiku and Dr. N.A. Jan and decision was taken in the meeting which read thus;

It was also decided that the result for all the candidates who appeared at the examination be prepared indicating separately the marks obtained in General Studies and optional papers. The result will be brought formally for the approval by the Commission before the same is notified for general information. After this is done, the candidates in various categories to be called to appear at the Main Examination will be short listed."

Decision of the Commission.Decision at the meeting of the Commission shall be taken in keeping with the views of the majority of thereof. The Chairman shall have casting vote in case of tie. Where a case is circulated and a difference of opinion exists, the case shall be again referred to be dissenting Member(s). In case the Member(s) stick(s) to the views already expressed by him/them, the case shall be put up at a meeting of the Commission for a final decision.

Record of decisions.All decisions of the Commission taken at the meeting shall be recorded by Secretary. The draft of the minutes shall be put up by the Secretary to Chairman for approval; thereafter the minutes shall be circulated to Members subsequently brought up for formal confirmation at the next meeting of the Commission.

44. The learned Single Judge is right in making above observations.

53. In our judgment, the learned single Judge considered the controversy in its proper perspective, and in the light of mistakes/ errors/ inaccuracies, issued certain directions which benefited the student-community. As mentioned by us in the earlier part of the judgment, the said exercise had been undertaken by the Commission and merit list was redrawn. Some candidates who had earlier been declared disqualified were held to be qualified and notification to that effect was also issued. To us, no exception can be taken against such action.

55. For the foregoing reasons, we hold that the order passed by the High Court cannot be said to be illegal, unlawful or otherwise objectionable. All the appeals deserve to be dismissed and are hereby dismissed, however, with no order as to costs.