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2015 Supreme(J&K) 239
JAMMU & KASHMIR HIGH COURT AT SRINAGAR
Mohammad Yaqoob Mir, J.
Shaber Ayaz & Ors. - Appellant
Versus
State & Ors. - Resopndent
SWP No. 1344 of 2015 c/w SWP No. 1361 of 2015, SWP No. 1407 of 2015, SWP No. 1491 of 2015, SWP No. 1598 of 2015
Decided On : 13-08-2015
For the Petitioner: M/s. M.A. Qayoom, M.S. Lateef Shabar Ayaz, S.A. Beigh & Sana Majeed.
For the Respondent:Mr. Jahangir Iqbal Ganai, AG-for official respondents & Mr. Z.A. Shah, Sr. Adv. with Mr. Faizan-for private respondents.
The main legal point established in the judgment is the thorough examination and clarification of objections raised regarding the written examination process for the selection of Prosecuting Officers, along with the consideration of a similar judgment from the High Court of Orissa.
Headnote:
Prosecuting Officers - Selection Process - Ranbir Penal Code, Code of Criminal Procedure, Evidence Act, and Various Minor Acts and Local Laws - The court discussed the challenge to the written examination process, including questions out of syllabus, irrational marks allocation, and adherence to the prescribed syllabus. The court examined specific questions and their answers in relation to relevant legal provisions and amendments. The court also considered a judgment from the High Court of Orissa regarding a similar issue in a different context.
Fact of the Case:
Applications were invited for filling up 49 posts of Prosecuting Officers, later increased to 98. The challenge was raised against the written examination process, including questions out of syllabus, irrational marks allocation, and adherence to the prescribed syllabus. The Board of Officers evaluated answer scripts and addressed specific objections raised by the petitioners.
Finding of the Court:
The court found that the objections raised regarding questions being out of syllabus, wrong options of answers, and wrong formulation of questions were thoroughly discussed and clarified. The court also considered a judgment from the High Court of Orissa regarding a similar issue in a different context.
Issues: The issues involved the challenge to the written examination process for the selection of Prosecuting Officers, including questions out of syllabus, irrational marks allocation, and adherence to the prescribed syllabus.
Ratio Decidendi: The court's decision was based on the thorough examination and clarification of the objections raised regarding the written examination process. The court also considered a judgment from the High Court of Orissa regarding a similar issue in a different context.
Final Decision: The court disposed of all the petitions, finding no ground to interfere with the ongoing selection process. However, the petitioners were granted liberty to re-agitate if any ill treatment, mala fides, or favoritism became discernible or any other valid ground became available on completion of the selection process.
1. Initially vide advertisement notice dated 29.12.2012, applications were invited for filling up 49 posts of Prosecuting Officers (for short Pos). Later on vide addendum dated 13.08.2013 to the said advertisement notice, the number of posts to be filled up was notified as 98 with following break-up
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2. The issues raised in SWP No. 1344/2015 and in the connected petitions are identical, therefore, determination of issues in SWP No. 1344/2015 will govern other petitions as well.
3. The process of selection as was set in motion is divided into four stages, Viz.:
i. physical test;
ii. written test of the eligible candidates as per syllabus;
iii. interview of the candidates on making the grade in the written test; and
iv. final selection.
4. The second stage i.e. written examination process is mainly under challenge on the count that :
1. Most of the questions as appeared in the question paper were out of syllabus;
2. Syllabus as was notified was not strictly adhered to;
3. Marks allocation to the questions as formulated in the question paper was irrational.
5. During the course of arguments, learned Advocate General has produced copy of the booklet (question paper) as was set for written test for the POs, copy whereof was also provided to the learned counsel for the petitioners so as to ascertain and analyze which questions were out of syllabus, which questions were wrongly framed and how allocation of marks was irrational.
6. For appreciating the rival submissions and contentions, it shall be quite appropriate to notice the syllabus prescribed in the notification for written examination as follows:
1. Constitution of Jammu and Kashmir.
2. Below given Major Acts in whole with amendments till date:
• Ranbir Penal Code, Svt. 1989.
• Code of Criminal Procedure, Svt. 1989.
• Evidence Act, Svt. 1977
3. Below given Minor Acts and Local and Special Laws, in whole, with latest Amendments, till date.
I) MINOR ACTS.
S. No.ACTS
1. Armed Forces Special Powers Act, 1990
2. Arms Act, 1959.
3. Cigarette and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce Production Supply and Distribution) Act, 2003.
4. Essential Commodities Act, 1955 (ECA).
5. Explosive Substances Act, 1908.
6. Explosives Act, 1884.
7. Foreigners Act, 1946.
8. Immoral Traffic (Prevention) Act, 1956.
9. Motor Vehicles Act, 1988.
10. Narcotic Drugs and Psychotropic Substances Act, 1985.
11. Passport Act, 1967.
12. Passport Entry Into India Act, 1920.
13. Prevention of Food Adulteration act, 1954.
14. Prevention of Money Laundering Act, 2002.
15. Army Act.
16. Drug Control Act, 1950.
17. Extradition Act, 1962.
18. Information Technology Act, 2000.
19. Police Forces (Restrict of Rights) Act, 1966.
20. Railways Act, 1989.
21. Whistle Blowers Protection Act, 2011.
22. The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
23. Disaster Management Act, 2005
II) LOCAL AND SPECIAL LAWS:
S. No.ACT
1. Cinematograph Act, 1989.
2. Contempt of Courts, 1997.
3. Egress & Internal Movement Control Ordinance, 2005 (EIMCO).
4. Enemy Agents Ordinance, 2005.
5. Excise Act, 1958.
6. Forest Act, 1987.
7. Identification of Prisoners Act, 1994.
8. Official Secrets Act, 1977.
9. Police Act, 1983 (1927 A. D.) and Police rules, 1927 AD Vol. i to iv.
10. Prevention and Suppression of Sabotages Act, 1965.
11. Prevention of Beggary act, 1960.
12. Prevention of Corruption Act, 2006.
13. Prevention of Cruelty to Animals Act, 1990.
14. Public Gambling Act, 1977.
15. Public Property (Prevention of Damage) Act, 1956
16. Unlawful Activities (Prevention) Act, 1967.
17. Public Safety Act, 1978.
18. Habitual Offenders (Control & Reforms) Act, 1956.
19. Instruments (Control & Noises) Act, 1959.
20. Juvenile Justice Act, 1997.
21. Medical Termination of Pregnancy Act, 1974.
22. Police Enhanced Penalties Ordinance, 2005.
23. Prevention of Black Marketting and maintenance of Essential Commodities Act, 1988.
24. Prevention of Insult to State Hono
