NISAR HUSSAIN Vs. STATE

JUDGEMENT

(1.) THE petitioner participated in the selection process under the S.T. Category for selection of the candidates for J&K; Combined Services (Mains) Examination as per SRO 161 of 1995 conducted by the Public Service Commission for selecting the candidates for interview.

(2.) ADMITTEDLY , the petitioner had successfully qualified the preliminary test and, thereafter, was competing in the Mains Examination consisting of written subject papers. In the written examination he obtained 1066 marks in all, whereas in General English paper he obtained 59 marks out of 300. It is not in dispute that in terms of the rules the paper of General English was compulsory as well as qualifying. The Commission in exercise of the powers vested in it under Rule 8 Clauses (iii) and (iv) of Jammu and Kashmir Public Service Commission (Conduct of Examination) Rules, 1973, had prescribed 66 marks (22% of the total marks allocated) as the qualifying marks for passing the said paper. The candidates who were to be declared qualified in the mains examination were to be summoned for interview in the order of their merit in the ratio of 1:3, i.e., three candidates against one post. The petitioner having failed in the compulsory subject for having not obtained the qualifying marks fixed by the Commission was not called for interview, whereas the other successful candidates were summoned for interview and, accordingly, the selection process was completed by making recommendations to the Government for appointment of the selected candidates. The petitioner being aggrieved of his non -summoning for interview has filed the instant writ petition.

(3.) THUS , in terms of Clause (iii) of Rule 8, one paper out of the papers prescribed was to be qualifying in nature, which according to the Commission was of General English. In terms of first part of Clause (iv), the Commission was entitled to fix the qualifying marks for any or all the papers at its discretion, which a candidate to be summoned for interview must obtain. The Commission fixed 66 marks (22% of total marks allocated) for General English paper. Admittedly, the petitioner had not secured the marks fixed in the General English paper, so was not called for interview.