HC Remits Case Back To Its Single Judge

HC Remits Case Back To Its Single Judge

Says Interim Directions Including Stay On Cancelling JE, SI Exams To Continue

Srinagar: While ordering continuation of its interim orders till April 5, the High Court of J&K and Ladakh on Saturday remitted to single bench a case involving appointment of previously “blacklisted” agency by Jammu and Kashmir Service Selection Board to conduct various examinations.
After hearing the parties, a Division Bench of Justice Tashi Rabstan and Justice M.A. Chowdhary decided not to discuss the merits of the case and deemed it proper to dispose of the appeals and remit the petition back to the Single Bench for deciding the matter afresh.
“Accordingly, the order and judgment impugned is hereby set aside, the writ petition is restored to its original number and the writ petition is remitted back to the learned Single Judge with a request to decide the matter afresh,” the court said, adding, “ Writ respondents through their learned counsel are directed to file objections/counter to the writ petition within two weeks from today, thereafter, rejoinder, if any, to be filed within next one week.”
The Division bench directed its registry to list the petition before the Single Judge on 5th of April, 2023 “when the learned Single Judge is requested to finally decide the writ petition”.
“Till then interim direction dated 09.12.2022 shall remain in force,” court added.
Then, the court had directed appellant (JKSSB) to proceed with the selection process of Junior Engineer (Jal Shakti Department) and Sub-Inspector (Home Department), however, result of the same was ordered to await further orders from it.
Pertinently the Court’s single judge had also directed the government to constitute a high level Committee headed by a retired High Court Judge to enquire into the conduct of JKSSB for “brazen irregularities/illegalities” in appointing a “blacklisted” agency for conducting the examinations.
The single bench of the court on December 8 had also directed government to constitute a high level Committee headed by a retired High Court Judge to enquire into the conduct of JKSSB for “brazen irregularities/illegalities” in appointing a “blacklisted” agency for conducting various examinations.
As per the grievance projected in the writ petition, the JKSSB overlooked “big scam” and issued fresh tender and after “manipulating certain conditions” gave the tender to M/S Aptech Ltd., which according to the petitioners has tainted history, has already been accused of malpractices in various examinations and has also been blacklisted previously.
Fearing unfair recruitment process, the writ petitioners first approached JKSSB by filing a representation on 4 November 2022 but all in vain and according to them the same forced them to file petition, seeking to quash e-tender Notice No.19 of 2022 dated 30 September 2022 for conduct of various examinations through Computer Based Test mode in favour of M/s Aptech Ltd.
The single judge of the court after hearing counsel appearing for the parties cancelled the entire process and directed the government to constitute a high level Committee headed by a retired High Court Judge to enquire into the conduct of JKSSB for “brazen irregularities/illegalities” in appointing a “blacklisted” agency for conducting various examinations.
Amongst other grounds, the preliminary ground raised by government before the division bench was that the Single Judge on the very first date of hearing proceeded to decide the petition without granting any opportunity to the appellants to file objections.

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