Ram Tawekya Sharma VS. State Of Bihar & Ors.

Extract

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Ram Tawekya Sharma VS. State Of Bihar & Ors.

The Judgement Information System CASE NO.: Appeal (civil) 1997 of 2008

PETITIONER: PANKAJ SHARMA

RESPONDENT: STATE OF JAMMU & KASHMIR & ORS

DATE OF JUDGMENT: 14/03/2008

BENCH: C.K. THAKKER & ALTAMAS KABIR

JUDGMENT: J U D G M E N T

CIVIL APPEAL NO. 1997 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (CIVIL) NO. 1340 OF 2007

WITH

CIVIL APPEAL NO. 2013 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (CIVIL) NO. 9620 OF 2007

AVNEESH CHANDER SURI & ORS. ... APPELLANTS

VERSUS

STATE OF JAMMU & KASHMIR & ORS. ... RESPONDENTS

WITH

CIVIL APPEAL NO. 2014 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (CIVIL) NO. 9705 OF 2007

AMIT ABROL ... APPELLANT

VERSUS

STATE OF JAMMU & KASHMIR & ANR. ... RESPONDENTS

WITH

CIVIL APPEAL NO. 2010 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (CIVIL) NO. 7115 OF 2008 (I.A. NO. 1 IN & SPECIAL LEAVE PETITION (CIVIL)

NO. CC NO. 5233 OF 2007)

SUDHIR JAMWAL ... PETITIONER

VERSUS

STATE OF JAMMU & KASHMIR & ORS. ... RESPONDENTS

C.K. THAKKER, J.

1. I.A. 1 of 2007 in and S.L.P. (C) No.

CC No. 5233 of 2007 seeking permission to file SLP is allowed.

2. Leave granted in all the Special Leave Petitions.

3. The present appeals are filed against the judgment and order passed by a Single Judge of the High Court of Jammu & Kashmir on November 10, 2006 in Original Writ Petition No.

442 of 2005 and cognate matters and confirmed by the Division Bench on December 28, 2006 in Letter Patent Appeal (OW) No. 70 of 2006. By the said order, the learned Single Judge partly allowed writ petitions filed by the petitioners and issued certain directions to Jammu &

Kashmir Public Service Commission 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 d...

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