Asks J&K Govt to initiate enquiry by a retired HC judge into the conduct of JKSSB for engaging an already black listed company for conducting the tests
BUNTY MAHAJAN
JAMMU, DECEMBER 8: Setting aside the ongoing written examinations through Computer Based Test (CBT) mode for various posts in different departments including sub inspectors and junior engineers (civil), the Jammu & Kashmir and Ladakh High Court here on Thursday directed the Jammu and Kashmir Government to hold a high level enquiry into the conduct of the J&K State Services Selection Board (JKSSB) for engaging a tainted agency to conduct written examination on the basis of computer based test.
Justice Wasim Sadiq Nargal asked the e government to “constitute a high level committee headed by not less than a retired high court judge to enquire into the conduct of JKSSB for their brazen irregularities/illegalities in changing the terms/conditions of the tender’’ to suit the private agency and “also as to what weighed with them to award a contract to conduct an examination by an organization which has previously facilitated malpractices in public examinations’’, ordered Justice Wasim Sadiq Nargal.
“Consequently, all the exams viz Junior Engineer (Civil) in Jal Shakti Department and Sub Inspector (Home Department)’’ held by JKSSB through M/s Aptech Limited are set aside/cancelled at whatever stage they are as on date,’’ held Justice Nargal. He further ordered the government to accordingly initiate appropriate action against those found guilty.
“From a perusal of the record, it appears that the JKSSB in view of the recent developments, has admitted its fault and accordingly, a conscious decision was taken for serious audit of the entire recruitment process as well as the agencies engaged/empanelled for conduct of examination by it, wherein it was observed that the candidate’s faith was the paramount importance and a decision was taken that the Board shall conduct all the examinations through CBT mode only while taking the decision to float fresh tender for empanelling the most suitable agency for conducting the examinations,’’ he observed.
However, M/s Aptech Ltd whose actions are being investigated by country’s premier agency CBI, and the challan has also been produced with regard to the recruitment of Sub Inspectors and Junior Engineer in Jal Shakti Department, the (JKSSB) has yet again altered/changed the terms and conditions of the NIT with a view to favour their own blue-eyed persons by cancelling the earlier tendering process, he observed. It initiated the fresh process again by issuing a fresh tender by way of changing the conditions, which were tailor-made just to give benefit to M/s Aptech Ltd so that it is not ousted from the zone of competing or award of contract, Justice Nargal observed.
The SSB has, in a way, altered the terms and conditions of the NIT by incorporating negative conditions and relaxing the terminology of the affidavit by incorporating that “The Firm/Agency is not involved in any ongoing investigation by any investigating agency related to conduct of CBT exams. Further, Firm/Agency is not blacklisted/debarred by any Govt. body. Institution/Board/PSU of the country as on date ” when in the earlier tender notice, which was cancelled, the terminology in the affidavit was that “the Firm has never been blacklisted in the past, by any Govt./Private Institution of the country and there is no case pending in any Investigating Agency”.
Court further observed that since respondent No.2 was already blacklisted in the past and there was a case pending with the investigating agency, the aforesaid condition was relaxed with a view to shower undue benefit on respondent NO.2 and the conditions were tailor-made so that respondent No.2 is not ousted from the consideration zone or award of contract. The entire action of the SSB by relaxing the aforesaid conditions smacks foul play and leads to an irresistible conclusion that the SSB was bent upon to engage a previously blacklisted/tainted agency when already SSB’s actions are being investigated/enquired by the CBI for awarding contract to a tainted agency in the past, Justice Nargal observed.
By way of aforesaid action, the fundamental rights of all the participants, which are guaranteed by Article 16 of the Constitution have been infringed i.e. their right to participate in a fair and transparent manner selection process has been infringed by the impugned action on part of SSB by awarding contract in favour of a tainted agency. It goes without saying that right to participate in a selection process does not mean a mere minimal participation in a process, but which is fair and transparent and not loathed with mala fide consideration. No rational whatsoever is forthcoming from the record supplied to this Court for withdrawing the earlier NIT and initiating the fresh tendering process by altering the terms and conditions of the NIT with a view to favour a tainted/blacklisted agency, Court observed.
The writ petition was filed on behalf of the petitioners Vinkal Sharma and others, who claimed to have filled up forms for the posts of Junior Engineer (Civil), Jal Shakti Department and Sub Inspector (Home Department). They sought court’s direction to the JKSSB not to conduct the examination through M/s Aptech Limited as the same had been blacklisted in the past.
Pointng out that by its own act of omission and commission, the functioning of the Jammu and Kashmir Service Selection Board does not inspire confidence in holding the public examinations, Justice Nargal observed that it has become incumbent on all stake holders to review the functioning of the Board.
The written examination for various posts in different departments through CBT mode were being held again from December 5 after the Jammu and Kashmir Government, following allegations of malpractices, had since July last cancelled the selection process for filling up 1,200 posts of police sub inspectors, 922 posts of Finance Accounts Assistants (FAAs) and 163 JEs (Civil), besides recommending CBI inquiry into the matter.
The Central Bureau of Investigation have so far arrested 20 people including some serving and retired police and para military officials hailing from J&K and elsewhere the country in connection with alleged malpracticies into the selection of Sis. A former medical officer posted at BSF Headquarters in Paloura near here, owner of a coaching centre at Akhnoor and proprietors of a private company based at Bengaluru are among 33 people who figure in FIR registered by CBI in the matter.
