JUDGMENT

Sanjeev Kumar, J. - As the issues involved in all these petitions are almost common, all the writ petitions are being taken up together.

2. In writ petition No. SWP 381/2011, the petitioners have sought directions to the Jammu and Kashmir Public Service Commission, ( for short, the Commission' hereafter), to add up the reduced marks in the subject of Kashmiri Literature, by quashing the reduction made by the Commission and to determine the merit of the petitioners accordingly. A further prayer has been sought to direct the Commission to publish the subject wise marks awarded to each of the candidate as also the marks awarded in the interview so that transparency is maintained. Petitioners have also prayed that in the event it is found that petitioners have secured more marks as against the selected candidates, the Commission be directed to include the petitioners also in the select list and their names be recommended for appointment to the services for which they have opted, and to disclose the qualifying marks, if fixed, in the subjects offered by the candidates in the main examination.

3. In SWP No. 378/2011, however, the petitioners have challenged the selection inter alia on the ground that in the optional subject' Urdu Literature' their marks have been reduced arbitrarily and without any reason and, resultantly they have been ousted from the zone of selection. The petitioners have taken almost same grounds as are taken by the petitioners in SWP No. 381/2011.

4. In SWP No. 1121/2011 the petitioners have sought mandamus declaring Rule 9 (1) of the Jammu and Kashmir Combined Competitive Examination Rules, 2008, as utra vires the Constitution. They have also sought directions to the Commission to re-interview the candidates and to conduct the interview in such a manner as the Court may determine and direct. An amended petition was also filed by the petitioners wherein the prayer sought is that marks awarded to the candidates in the interview may be set aside and the selection made on the basis thereof be quashed. They have also sought directions to the Commission to re-interview the candidates after short listing, strictly in accordance with Rule 9(2) of the Rules of 2008. A further direction has been sought to prepare a fresh select list and recommend the petitioners also for appointment.

5. The brief facts of the case are that, respondent Commission vide Notification No. PSC/EXM-09/46 dated 30.12.2008, invited applications for 398 posts available at the gazette level in the State Civil Services, i.e. Junior Kashmir Administrative Service, Police Gazetted Service and Accounts Gazetted Service. The petitioners, being fully eligible, as claimed, responded to the said Notification. They having appeared in the preliminary examination and having been declared successful, appeared in the mains examination as well. The petitioners in SWP No.381/2011 submit that they all had opted "Kashmiri Literature" as one of their optional subjects. After having been declared successful in the mains examinations as well, the petitioners were called for the interview, wherein they participated. However, when the select list was issued, having found that they have not been selected, the petitioner filed the writ petition challenging the same on the ground that the marks awarded to them in optional subject i.e. "Kashmiri Literature", have been reduced and the marks actually awarded by the evaluators changed by the Commission. The other challenge to the selection is that some candidates have been awarded higher marks in the interview and some very less and this way some close relations of the members/officers of the Commission have been favoured.

6. The petitioners afterwards filed an amended writ petition, wherein some of the selected candidates were arrayed as party respondents. They have made certain allegations of favoritism having been shown to some of the selected candidates and have prayed for quashing of their selection as also a dir