429 'ineligible'candidates to appear in KAS Mains

JAMMU: Taking cognizance of Jammu and Kashmir Public Service Commission's notification of August 25, rendering 429 candidates who were earlier declared qualified in the original result of J&K Combined Competitive (Prelims) Examination 2016, ineligible in its revised result, the state high court on Monday reiterated that such candidates, in terms of its order of August 23 are permitted to participate in the Mains examination.
Even while court observed that the same shall be at their own risk responsibility and mere participation in the selection process would not create any right or equity in their favour, subjected to the outcome of the petition, it maintained that recruiting agency's notification has been stayed, which followed two days after court permitted these 429 candidates- the petitioners in J&K high court- to participate in the main examination.
The J&K Combined Competitive (Prelims) Examination 2016 have remained in controversy for more than one reason. The recruiting agency PSC earlier had to withdraw the original result of preliminary examination as many answers were found to be wrong. After a group of experts reevaluated the answer sheets, the revised results were missing the names of as many as 429 candidates on account of not having obtained the revised cut off merit of 277.275.
The aggrieved candidates who had already been declared to have qualified the Preliminary Examination in April and for which they had already filled their forms and deposited the requisite fee, then took to the court wherein the court permitted them to appear in mains examination.
The court in its order of August 23, had said that subject to objections from the other (PSC) side and till the next date before the Bench, petitioners would be allowed to participate in the selection process by application forms for main examination and issuing them admit cards, which, however, would be at their own risk and responsibility and that more participation in the selection process would not create any right or equity in their favour.
Justice BS Walia on Monday observed that counsel contends that despite the aforementioned order, a notification was issued by the PSC two days later mentioning therein that application forms of 429 candidates (which included the names of the petitioners), who could not make the revised cut off merit of 277.275 for appearing in Combined Competitive Service (main) examination 2016 would be deemed to have been rejected being ineligible and their main examination fee would be refunded.
The counsel for petitioners also contended that firstly, once court's orderwas passed, it was not open to the respondents to have issued notification and further that the Srinagar Bench of the High Court had vide its order on September 1 stayed the operation of the notification in question.
Justice BS Walia after hearing Adv ZN Sheikh for petitioners in length issued notice of motion which was accepted by Sr. AAG Seema Shekhar for the State and Adv FA Natnoo for the PSC who seeks and granted two weeks time to file objection.
Justice BS Walia ordered keeping in view the stay granted on PSC notification, petitioners in terms of order of August 23, are permitted to participate in the Mains examination.