Srinagar: A day after the J&K High Court stayed the notification for District Litigation Officer and Assistant Legal Remembrancer examinations, the court Friday directed the J&K Public Service Commission (JKPSC) to go ahead with the examinations on May 27.
The division bench of Acting Chief Justice Alok Aradhe and Justice MK Hanjura passed the order after an appeal by Public Service Commission.
The counsel representing JKPSC, Azhar-ul-Amin, submitted before the court that the aggrieved candidates have knocked the court at the nick of the moment, while the notification for conducting the examination was issued on April 10. He said the JKPSC has made already arrangements for the examination and if it was postponed, it would mean loss to public exchequer.
The counsel for the aggrieved candidates, Javed Iqbal, submitted that the appeal was not maintainable, as it is directed against an ex-parte and an interim order.
He submitted that the order has been passed subject to objections and interpretation of the rule 51 of PSC (conduct and Procedure), which has no application to the fact situation of the case.
After hearing both the counsels, the division bench remarked that Supreme Court has deprecated the practice of litigants approaching the court at the nick of the moment.
“In the instant case the candidates have approached the court after one and half month without offering any explanation to that manner. However, we find that the issue involving in writ petition needs consideration and therefore needs to safeguard the interests of the candidates as well,” the court said.
“Accordingly, the ad interim order dated 24 May, 2018 passed by single Judge is modified and it is directed that JKPSC shall be at liberty to hold the written examination. However, the result of the written examination shall not be declared without leave of the Single Judge of this court. The matter will be heard again on 6 July, 2018,” the court said.
The petitioners Waseem Rasool Dar and others had petitioned the court that they had applied for the posts of District Litigation Officer and Assistant Legal Remembrancer, but the JKPSC had scheduled the two examinations on the same day.