Sunday, January 19, 2020

SC stays the Selection list of KAS 2016 MAINS

Pallavi Sareen

Jammu, May 3: In a recent development with regard to the KAS 2016 examination, Supreme Court has stayed the result of the selection process and hereby directed JKPSC to not declare any result until all the pending matters are disposed off.

In a recent order, responding to a fresh Special Leave Petition, SC remarked that “Our order dated 21.01 2019 passed in SLP No. 1493/2019 leaves no room for any ambiguity or doubt that though the selection process can be finalised no appointment will be made. What would require to be made clear is that if appointments are not permissible to be made, the declaration of the results would be a futile exercise and may give cause to unnecessary third party rights which we must avoid”. Accordingly, SC directed that the result of the selection process shall not be Declared.

SC bench comprising of Chief Justice of India and Justice Sanjiv Khanna had previously passed an interim order in January 2019, vacating the stay on the interview process, JKPSC was asked to not issue any appointments.

SC while passing the judgement in the case “Owais Shah and Others v/s The State of J&K and Others” has directed JKPSC that they cannot declare the selection list and also made it clear that the High Court is free to decide the Pending Public Interest Litigation and all connected cases both on maintainability and merit. Supreme Court directed Jammu & Kashmir High Court to do so at the earliest, preferably within a period of four weeks from today.

It is pertinent to mention that the JKPSC declared the KAS 2016 mains examination result on 4th Dec 2018. Many ousted candidates claimed that the result is full of error and irregularities. On State Wide Protest, JKPSC via a press conference disclosed that they have adopted the methodology of On Screen Marking/ Digital Evaluation in the KAS 2016 mains examination.

Henceforth the candidates claimed that the entire methodology was included in a hidden and discrete manner. Also, there are many cases across India whereby the same methodology has been challenged on grounds lack of accuracy and precision. Thus after a statewide outrage the High Court Bench comprising of Justice Gita Mittal, Chief Justice And Justice Sanjeev Kumar took cognizance of the matter and stayed the interview process in response to a PIL.

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