JKCCE 2023 | CAT Srinagar Grants Interim Relief To Candidates Ousted in Revised Result, Allows Provisional Appearance In Mains Examination

After hearing the arguments of the ousted candidates a bench comprising Mr. M.S.Latif Member (J) and Mr. Prashant Kumar, Member (A) ordered,

“Indulgence is made out at this stage and it is, accordingly, ordered that the respondents shall allow the applicants herein to appear provisionally in the J&K Combined Competitive Examination 2023 to be conducted in pursuance to Advertisement Notification No. 12 PSC(DR-P) of 2023 dated 13-04-2023. It is made clear that the applicants shall be allowed to appear in the mains strictly at their own risk and responsibility”.

Background of the Case:

The Jammu and Kashmir Public Service Commission (JKPSC) conducted the JKCCE 2023 in three stages: preliminary, mains, and interview. The initial result of the preliminary exam, declared on October 27, 2023, included the applicants in this case. However, on November 18, 2023, the JKPSC issued a revised result, excluding the applicants and approximately 180 others who had qualified earlier. This revision sparked the legal challenge.

Represented by counsel Mr. Arif Sikander, the applicants argued that the revised result, issued without any explanation, violated the JKPSC (Conduct of Examination) Rules, 2022, which does not allow for re-evaluation of answer scripts. They further contended that the revised result, based on the objections of some candidates who had failed the initial test, was arbitrary and lacked proper justification.

Respondent JKPSC, defended the revised result, stating it was issued after receiving numerous representations regarding alleged errors in the initial answer key. They claimed the revised result ensured fairness by allowing previously unsuccessful, "more meritorious" candidates a chance to participate.

Tribunal's Observations:

The Tribunal acknowledged the JKPSC's explanation but found it lacking in substance. It observed that the revised result, seemingly issued out of "sympathy" for certain candidates, lacked proper application of mind and violated the basic principles of fairness.

“It is also apparent that the decision making authority has not applied its mind and has not been alive to the material on the basis of which the impugned action has been taken other than showering sympathy upon a few and this court will not hesitate in terming them as blue eyed, at least, tentatively”, the bench recorded.

Citing Suresh Kumar Lalit Kumar Patel and others vs. State of Gujarat and others (2023) the Tribunal emphasised that while a candidate in the selection list may not have a guaranteed right to appointment, they cannot be denied the opportunity due to arbitrary or discriminatory actions.

“State does not enjoy an unqualified prerogative to refuse an appointment or a right of an candidate being considered for the appointment in an arbitrary fashion or to discard the merit of the candidates as was reflected in the earlier merit list”, the Tribunal remarked.

Taking note of the urgency involved and the implications of this move on the applicants careers the Tribunal directed the respondents to allow the applicants to appear provisionally in the J&K Combined Competitive Examination 2023 Mains.

However, it clarified that this provision did not confer any preferential right upon the candidates for appointment, and the result would not be declared without further direction from the court.

Case Title: MOHAMMAD IQBAL KUMAR & OTHERS V/s GENERAL ADMINISTRATION DEPARTMENT & OTHERS

Counsel For Applicants: Mr Arif Sikander Mir

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