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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Raj Kumar – Appellant
Versus
High Court of J&K and Ladakh – Respondent
Judgment :
Sanjeev Kumar, J.
1 The petitioner has filed the present writ petition challenging order dated 09.05.2014 passed by the High Court, whereby private respondent No.4 came to be appointed as Senior Scale Stenographer under the Scheduled Caste category. The petitioner also seeks to challenge the action of the respondents in awarding zero marks to the petitioner in the shorthand transcription test.
2 At the outset, it needs to be mentioned that this writ petition was earlier disposed of vide judgment dated 30.08.2018 with a direction to the respondents that they would proceed to issue an order of appointment in favour of the petitioner against the post of Senior Scale Stenographer in case his name figured in the waiting list. The said direction was passed on the basis of a statement made by the learned counsel appearing on behalf of the respondents that in view of the fact that a candidate namely Amit Kumar, who figured at Serial No.1 in the SC category, had not joined, there would be no difficulty in operating the waiting list. However, the petitioner found the findings recorded in the judgment dated 30.08.2018 factually incorrect and suffering from an error apparent on the fac
Deduction of marks for shorthand errors is justified as it aligns with established principles of stenography evaluation.
When specific guidelines are provided and a marking system is provided by the recruiting agency, this Court cannot substitute such guidelines by other guidelines which are general in nature
The court confirmed that meeting the mandatory shorthand speed requirement is essential for appointment, and failing this disqualifies candidates, regardless of other test scores.
Judicial review cannot extend to the re-evaluation of examination results; courts must respect the evaluators' judgments when properly conducted without clear procedural violations.
Courts should refrain from re-evaluating answer sheets or typewriting sheets and should presume the correctness of the criteria applied by the examining authority. The absence of any rule or procedur....
Post of Stenographer Grade – Selection Process - Where appointments made were found to be illegal later in an enquiry. While examining the rights of persons selected in such invalid process.
Courts should be cautious in interfering with the evaluation process and expert opinion, especially after a significant period has passed.
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