Court on its own motion vs State of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(J&K) 258

ALI MOHAMMAD MAGREY, TASHI RABSTAN
Court on its own motion – Appellant
Versus
State of J&K – Respondent

Advocates Appeared:
For the Petitioner(s):Mr. Z. A. Shah, Sr. Advocate, & Moksha Kazmi, Advocate, with Mr. A. Hanan, Advocate, as Court counsels, in the PIL
For the Petitioner(s):Mr. M. Y. Bhat, Advocate with Mr. R. A. Bhat, Advocate, in SWP No.07/2019
For the Petitioner(s):Mr. R. A. Jan, Sr. Advocate, with Ms. Sharaf Wani, Advocate, in SWP No.457/2019
For the Petitioner(s):Mr. Sunil Sethi, Sr. Advocate, with Mr. Mohsin Bhat, Advocate in SWP No.2255/2019
For the Petitioner(s):Mr. Abhinav Sharma, Advocate, also in SWP No.2255/2019
For the Respondent(s):Mr. D. C. Raina, Advocate General, with Mr. F. A. Natnoo, AAG & Mr. Sajad Ashraf, GA, for State and PSC
For the Respondent(s):Mr. Azhar-ul-Amin, Advocate
For the Respondent(s):Mr. Jehangir Iqbal Ganai, Sr. Advocate, with Mr. Suhail Rashid Bhat, Advocate, for respondents 4 to 10 in SWP No.07/2019
For the Respondent(s):Mr. M. A. Qayoom, Advocate, for respondents 17 to 22 in SWP No.457/2019
For the Respondent(s):Mr. Arif Sikander Mir, Advocate, for respondents 11 to 15 in SWP No.07/2019 and 12 to 16 in SWP No.457/2019

JUDGMENT :

Ali Mohammad Magrey, J.—The lis involved in these clubbed matters, principally, concerns the discontent of a few of the Kashmir Administrative Service (KAS) aspirants, who have failed to make it to the Personality Test / Interview, asserting, among other things, faulty evaluation by Digital Evaluation / On Screen Marking of answer scripts of the candidates in the Jammu and Kashmir Combined Competitive (Main) Examination held by the Jammu and Kashmir Public Service Commission from 02.07.2018 to 08.08.2018, introduced and adopted by the Commission, and thereby alleging a prejudice resulting in their non-inclusion in the merit list.

2. We think it unnecessary to describe the specific events and the circumstances which led to the initiation of the suo moto action commencing the aforesaid PIL. But to highlight the grievance of these KAS aspirants, some relevant backdrop facts need a narration. Whether the grievance projected is real or imaginary is the fundamental issue involved, which would be discussed later in this judgment.

3. The Jammu and Kashmir Public Service Commission (hereinafter, the Commission) issued notification no.PSC/EXM/2016/52 dated 18.06.2016 inviting online

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2019 Supreme(J&K) 258

ALI MOHAMMAD MAGREY, TASHI RABSTANCourt on its own motion – AppellantVersusState of J&K – Respondent

Cases Referred (18)

ALI MOHAMMAD MAGREY, TASHI RABSTAN
Court on its own motion – Appellant
Versus
State of J&K – Respondent