HC dismisses pleas onquestions in KAS prelims
Srinagar, Apr 4: Observing that the petitioners had
failed to fi le any representation in regard to the sixquestions in the J&K Combined Competitive (Preliminary) Examination which was held on 24 October last year, High Court of J&K and Ladakh has dismissed two pleas seeking proportionate
marks for alleged “wrong” questions.
A bench of justice D S Thakur also imposed Rs
50,000 costs on the petitioners for “not coming with clean hands” before the court saying it took lenient view against any serious action against them “considering the fact that their future
may be adversely affected and they are unemployed and most of them come from humble background.”
“In the present case, in view of the fact that
the subject experts have already opined on the 06
questions, which had been highlighted… and rejected the objections so raised (by the candidates other than the petitioners) and in view of the fact that the petitioners had not raised even a murmur and failed to fi le any representation in regard to the aforementioned 06 questions,
I do not deem it necessary to even venture to determined as
to whether the questions so highlighted on the face of it were either vague or the
answers/options to those questions were incorrect,”
Court said. The Court said even other- wise it cannot substitute its view for opinion expressed
by the experts with regard to the six questions in keepingwith Supreme Court Judgments.
On behalf of the PSC advo-cate Azhar-ul-Amin submitted that the petitioners had clearly made a wrong statement in petitions regarding
the fi ling of the representa- tions in terms of Rule 12B with the Commission.
“The petitioners havingfailed to avail the remedy offi ling a representation must be deemed to have accepted and acquiesced in the action of the Public Service Commission in either deletingthe requisite number of questions or correcting the answer keys to that extentand waived their right to
throw a challenge to the process of selection and the procedure adopted by the PSC,”the court said