(1.) THE petitioners in this batch of writ petitions are calling in question the validity of selections and consequent recommendations for appointments made by the J&K Public Service Commission, (hereinafter called the Commission), to the Government for the posts of Assistant Surgeons. Health & Medical Education Department of the J&K State vide its No.HT(GAD)131/95 dated 11.12.2002 referred 31 posts of Assistant Surgeons to the Commission. Then vide another communication No.HD(GAD)131/95 dated 20.1.2003,Health and Medical Education Department referred 190 more posts of Assistant Surgeons to the Commission. Three posts of Assistant Surgeons in open merit category were already pending for selection with the Commission. Thus in all the Commission stood referred 224 posts as per the following break -up: - -
(2.) THESE 164 posts referred by the Health and Medical Education Department were not advertised. Hereinafter these posts shall be referred as unadvertised posts. Despite non -advertisement of these posts the commission admittedly made selection on the basis of interviews conducted in respect of 430 advertised posts. The commission thus after the interviews completed the selection process of selection of total posts of 594 (430 advertised and 164 non -advertised). The commission selected 220 from open merit category 191,from RBA, 73 ST, 37 SC, 23 ALC and 11 from PHC category and issued a select list of 560 candidates. The result of one candidate in open merit category under first notification and one candidate in open merit in the second notification and other seven candidates who had become over age was kept withheld. Subsequently however, the result of five candidates was declared and they were selected. Thus the result of four candidates continues to remain withheld whereas 565 candidates have come to be selected by the commission. Thus as against total available posts of 594 (221 + 373 including 164 unadvertised posts) the commission made a recommendation of 565 candidates for appointment to the Government vide its communication No.PSC/DR/AS/2003 dated 28.6.2004 read with letter dated 1.7.2004, 17.7.2004,20.7.2004 and 21.7.2004. The select list and the selection process is being challenged on various grounds by the petitioners who had participated in the selection process but have not been selected.
(3.) THE petitioners in SWP 1157/2004,Geetika Gupta and others have submitted that Rule 51 of the Rules of 1980 confers arbitrary powers upon the commission to select candidates on the basis of interview alone. Out of 140 marks fixed for interview. 100 marks have been fixed for viva voce test and 40 marks for academic etc. Reservation of 100 marks for viva voce test is arbitrary and violative of rights of the petitioners guaranteed by the constitution of India and also is in violation of law settled down by the Honble Supreme court in various judgments. The selection being based on illegal criteria is thus vitiated. It is also submitted that selection process is actuated by mala fides. The candidates with better merit like the petitioners have been ignored and candidates possessing less merit have been selected.