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OA 491/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH
OA 491 of 2022
Present :
Hon’ble Mr.Anand Mathur, Member (Administrative)
Hon’ble Mr. D.S.Mahra, Member (Judicial)
1. Attufa Javeed, age 28 years, D/o Javeed Ahmad Misger, R/o Chotta
Bazar,
Near
FCI,
Karannagar,
Srinagar-190010,
Contact
–
7889721264, Email id : atufa3july@gmail.com, Roll No. - 5000990
2. Aamina Farooq, age 28 yers, D/o Farooq Ahmad Kuchay, R/o Barsoo,
Awantipora, Pulwama, Pin Code – 192122, Contact – 9149482928,
Email id : assarjahan94@gmail.com, Roll No. 5000129
3. Aijaz Ahmad Shalbaf, age 33 years, S/o Mohammad Maqbool Shalbaf,
R/o Anchar Soura, Srinagar, Contact – 7006980425, Email id :
ajazshalbafy@gmail.com, Roll No. : 5000628
4. Asif Iqbal, age 38 years, S/o Gh. Qadir najar, R/o Gul-Abad
Arampora, Sopore-193201, Contact – 9821852397, Email id :
asif.iqbal.najar@gmail.com
5. Amir ul Islam, age 31 years, S/o Gh. Qadir Dar, R/o Peth Makhana,
Magam,
Budgam,
Contact
:
7006946998,
id
:
amirulislam464@gmail.com
6. Ameerun Nisa, age 32 years, D/o Rehmat Ali Want, R/o Shaheedi
Mohalla, near Nangar Masjid, Kishtwar, Contact – 9906185739, Email
id : nisaameerun@gmail.com, Roll Nol. – 40004301
7. Aadil Hamid Bhat aged 24 yars, S/o Ab. Hameed Bhat, R/o
Monghama Pulwama, Mobile No. – 7006617697, Email id. :
bhat46477@gmail.com
8. Asif Shah aged 31 years, S/o Gh. MOhd. Shah, R/o Police Colony
Qamarwari Srinagar, Mobile No. – 7006136403, Email id :
asifshah0113@gmail.com
……Applicants
2
OA 491/2022
VERSUS
1. Chairman Service Selection Board, Srinagar/Jammu, Zum Zum
Building Rambagh, Srinagar.
2. Secretary Service Selection Board, Srinagar/Jammu, Zum Zum
Building Rambagh, Srinagar.
3. Controller Examination, Service Selection Board, Srinagar/Jammu,
Zum Zum Building Rambagh, Srinagar.
……Respondents
1. Rafee Rehman Najar, S/o Ab.Rehman Najar, R/o Chatrasoo Budroo
Anantnag, Pin – 192401, Phone No. – 9906294379, Email -
RRNAJAR@GMAIL.COM
2. Aaqib Ahmad Rather, S/o Mohd. Ayood Rather, R/o Larow Kakapora
Pulwama, PIN CODE: 192304, EMAIL:AQIBRATHER222@GMAIL.COM
3. Fayaz Ahmad Malik, S/o Gh. Ahmad Malik, R/o Qasba Khull Kulgam,
PIN
CODE
192233,
PHONE
NO:9622526827,
EMAIL:
MALIKAYAZ3@GMAIL.COM
4. Arajmand Mujtaba Gazali, S/o Mohammad Ashraf Malik, R/o
Bonabazar
Shopian,
PIN
CODE:
192303,
EMAIL:
MUJTABAGAZAL199@GMAIL.COM, CONTACT: 7889624724
5. Aamir Nazir, S/o Nazir Ahmad Mir, R/o Zodder Mirbazar, Anantnag,
PIN CODE :192101, EMAIL: MIRAAMIRN28@GMAIL.COM
6. Adil
Manzoor,
S/o
Mohd.
Manzoor,
R/o
Baragam
Tral,
EMAIL:STATAADIL@GMAIL.COM,
PHONE:
9797111806,
PIN
CODE:192123
7. Mohd. Amin Sheikh, S/o Mohd. Rafiq Sheikh, R/o Sardab Tulail
Bandipora, CONTACT. 7780911649, PIN CODE 193503, EMAIL ID.
SHEIKHAMINI8@GMAIL.COM
8. Aasif Iqbal Lone, S/o Iqbal Ahmad Lone, R/o Kanzalwan Gurez,
PHONE:
7889331325
PINCODE:193503,
EMAIL:
LONEAASIF00@GMAIL.COM
9. Zahid Ahmad Bhat, S/o Ghulam Muhammad Bhat, R/o Pariwan
Kulgam,
PHONE:-7889311428,
PINCODE:-
192231,
EMAIL:-
ZAHID135362@GMAIL.COM
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OA 491/2022
10.
Bilal Ahmad Wani, S/o Zaffar Ahmad Wani, R/o Sopat
Tangpora,
Kulgam,
PIN
CODE:
192231,
PHONE
NUMBER
7889776315
11.
Saqiba Manzoor, D/o Manzoor Ahmad Ganai, R/o Hafroo
Batapora
Budgam,
PIN
CODE:191113,
PHONE:8082820286
EMAIL:MANZOORSAQIBA@GMAIL.COM
12.
Rohid Ali Nanda, S/o Ali Mohammad Nanda, R/o
Pushwara Khanabal Anantnag, PIN 192101, MOBILE 6005523944,
EMAIL NANDAROHID@GMAIL.COM
13.
Tufail Fayaz, S/o Fayaz Ahmad Parray, R/o Wayil
Ganderbal,
M.NO:
9682117062,
PIN
CODE:191201,
TUFAIL5212@GMAIL.COM
14.
Yasar Arfath Bhat, S/o Manzoor Ahmad Bhat, R/o
Baihama Kulgam, PHONE NO.9149619255, PIN CODE 192233,
EMAIL: YASARARFATH5848@GMAIL.COM
15.
Naveed Hilal, S/o Hilal Ahmad Rangrez, R/o S.K.Colony,
Anantnag, PHONE NO. 7006084458, PINCODE 192201, EMAIL.
HILALNAVEED01@GMAIL.COM
16.
Omer Farooq, S/o Farooq Ahmad, R/o Qasba Khull
Kulgam, PHONE NO:9906797261, PIN CODE 192233, EMAIL:-
EROMERFAROOQ@GMAIL.COM
17.
Mushkoor Ahmad Ganie, S/o Nisar Ahmad Ganie, R/o
Dethu Anantnag, PINCODE 192201, PHONE NO:-9596069021,
EMAIL:-MASHKOORNISAR752@GMAIL.COM
18.
Imtiyaz Ahmad Baba, S/o Abdul Khaliq Baba, R/o Lar
Ganderbal,
PHONE
NO:-6005775289,
EMAIL:IMTIYAZ3483@GMAIL.COM, PIN CODE:191131
19.
Aiman Latif, S/o Mohd. Latif Kaloo, R/o Barbarshah
Bhagwanpora, SGR, MOB 7006072946, PIN CODE 190001, EMAIL:-
DYRAEMYX2@GMAIL.COM
……Private Respondents
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OA 491/2022
For the applicants : Mr. Azhar Ul Amin
For the respondents: Mr. Satinder Singh, AAG
For the Private Respondent: Mr. Mir Suhail
Order on : 13.02.2023
Per Mr. D.S. Mahra, J.M.
1. The respondents/Service Selection Board advertised 1540 posts of
Junior Assistant vide various advertisement notifications i.e. No.04 of
2020 dated 16.12.2020, 05 of 2020 dated 24.12.2020, 06 of 2020
dated 29.12.2020, 07 of 2020 dated 31.12.2020, 01 of 2021 dated
3.2.2021, 02 of 2021 dated 26.3.2021 and 03 of 2021 dated 4.6.2021.
In pursuance of the notifications, the applicants applied for these
posts. In the scheme of the examination it was provided that the
criteria of selection will be 20 points for Skill Test and 80 points for
Written Examination. It was made clear in the advertisement itself
that the result will be subject to adopting the Normalization process of
Equi-Percentile Equating Method. It was further made clear by the
respondents in subsequent notices dated 27.10.2021 and 19.1.2022
that the final select list will be prepared by applying normalization
method. The Skill Test for 20 points was conducted first and a list of
those who qualified the Skill Test was issued on 15.1.2022. The
written test was conducted from 20.1.2022 to 24.1.2022 and a
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tentative merit list was issued on 19.3.2022 wherein names of some of
the applicants also figure.
Aggrieved by entire process adopted by the Respondents, the
applicants have filed the present OA before this Tribunal with the
following prayer :
i)
An
order/direction,
the
result
prepared
by
use
of
Normalization process call Equi-Percentile Equating Method,
may be quashed and declared null and void;
ii)
An order/ direction, the result be prepared and consequent
selection be made on the actual marks (Raw Score) secured
by the candidates.
iii)
Any other relief that this Hon’ble Tribunal may deem
appropriate in facts and circumstances of the case may also
be passed.
2.
The applicants have basically challenged the decision of the
respondents i.e. applying the Normalization process called Equi-percentile
Equating Method in the finalization of the selection. It is been submitted by
the applicants that the respondents decided to adopt and apply the
Normalization method in finalization of the selection process suddenly just a
day before the written examination i.e. 19.1.2022, as a result of which the
applicants could not challenge the same before an appropriate forum.
Learned counsel for the applicants further submitted that the said
procedure is unscientific, non-transparent, arbitrary and there is a wide
scope of manipulation in the final selection. He further submitted that the
respondents had followed dual method in the process of selection. 20 points
are marked for the Skill Test and 80 points for the written examination. The
Normalization procedure is adopted only for the written examination and it
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has not been applied to the Skill Test. Due to the adoption of the
Normalization procedure, the meritorious candidates have been put to a
disadvantageous position especially when the raw marks are not being
disclosed by the respondents. He further submitted that the Normalization
procedure is being adopted nationwide for competitive examinations where a
large number of candidates appear whereas in the present examination
there were a very small group of candidates and therefore the said
examination should have been conducted in one shift only.
3.
The respondents have filed their counter affidavit contending that it
was made clear in the advertisement notification itself under the column
“scheme of examination” that if required, marks scored by the candidates in
the written test will be normalized, to determine the final merit list. He
further
submitted
that
information
with
regard
to
applying
the
normalization method was given to all the candidates vide notices dated
27.10.2021 and 19.1.2022. Therefore, the applicants cannot content that
this method was applied suddenly without informing them. Moreover, the
applicants were well aware of the fact that the Normalization process will be
followed in the final result. Despite this, they did not challenge t
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