Serial No. 23

Supplementary cause list

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CM No. 8096/2021 in

WP(C) No. 2568/2021

CM No. 8097/2021

Faizan Ahmad Zargar and Anr.

….. Petitioner(s)

Through: -

Mr. Syed Musaib, Advocate

V/s

UT of JK and Ors.

….. Respondent(s)

Through: -

Ms. Asifa Padroo, AAG

CORAM:

Hon’ble Mr Justice Ali Mohammad Magrey, Judge

Hon’ble Mr Justice Mohd Akram Chowdhary, Judge

Order

10.12.2021

(Oral)

CM No. 8096/2021

On the set of facts and grounds urged, coupled with the submissions

made at Bar, the instant application is allowed and applicants are permitted to

file the instant petition without attaching the certified copy of the order dated

06.12.2021.

CM disposed of.

WP(C) No. 2568/2021

The petitioners in the instant petition, have challenged the order dated

06.12.2021, passed by the CAT Bench, Srinagar (hereinafter referred to as

CAT Bench, Srinagar) in OA No. 1758/2021 with consequent challenge of

the impugned order bearing No. PSC /Lit/J-1/2021 dated 25.11.2021, issued

by respondent Public Service Commission (for short the Commission) with

further direction to entertain the candidature of the petitioners for the post of

Assistant Registrar, Cooperative Societies, advertised in terms of

advertisement Notice No. 05-PSC(DR-P) of 2021 dated 11.05.2021, by the

Commission on the grounds detailed out in the petition.

Brief facts:-

The respondent Public Service Commission vide Notification No. 05-

PSC (DR-P) of 2021 dated 11.05.2021, invited the applications through online

mode from the eligible candidates who are domiciled in the UT of J&K,

possessing the prescribed/Academic professional qualification and age for the

post of Assistant Registrar Cooperative Societies, in terms of the J&K

Cooperative (Gazetted) Service Recruitment Rules, 1976, issued vide SRO

591 dated 07.10.1977 as amended from time to time and J&K Probationer

(Conduct of Service, Pay & Allowance) and Fixation of Tenure Rules, 2020,

notified vide S.O. 192 of 2020 dated 17.06.2020 and J&K Public Service

Commission (Business and Procedure) Rules, 2021.

The petitioners (already registered with JKPSC) being fully eligible

(petitioner No. 1, a Ph.D scholar and petitioner No. 2, Post Graduate student

and desirous of applying to the post of Assistant Registrar Cooperative

Societies bonafidely attempted to access the official website of the respondent

Commission on 14.06.2021, before the cutoff date but due to the technical

snag in the system. On 15.06.2021, they attempted again to fill the application

form and submit the same but due the same technical issue the petitioners

could not access the official website of the respondent No. 2.

The petitioners on 16.06.2021, (last date) made another attempt to fill

up the application form in the prescribed format and on the last date

fortunately they could access the official website of the respondent

Commission and accordingly competed the application form (personal

information) and selection of the exam (i.e. Assistant Registrar Cooperative

Societies) through on-line mode before the cutoff date, but the payments

towards the applications were not completed due to technical issues faced by

the petitioners.

It is submitted that it was only the petitioners herein who suffered the

technical issue while submitting the application form, but some other eligible

candidates also faced the similar issue, which facts can be ascertained from

the screenshots of social media handles retrieved from the internet

The petitioners time and again approached the respondents with the

request to allow the petitioners to deposit the application fee and for

acceptance of their candidature for the post of Assistant Registrar Cooperative

Societies, Recruitment Exam through offline mode as the online transactions

failed due to