Jammu and Kashmir Services Selection Board (JKSSB) chairman Rajesh Sharma on Friday assured the youth that there will be no compromise on transparency and merit while the blacklisting period of APTECH recruitment agency is over.
Addressing the press conference at Jammu, JKSSB Chairman said the blacklisting period is for three years and this company’s period got over in May 2022 while recruitment is being done in a free and fair manner. He also said the particular agency is already conducting exams across the country and at the Centre.
He further said that the present protests seem to be motivated to derail the functioning of the board. There are certain elements their distortion and misinformation on the issue, he added.
“We are very much aware of your concerns and all efforts will be made to conduct exams in a fair, transparent and secure manner. Do not pay heed to rumour mongers and those with ulterior motives, who are only here to disrupt the processes,” Sharma assured aspirants.
He further said that justice will be ensured while the ability and merit of youth will be respected and strict action will be taken against all those elements who are trying to harm the future of meritorious aspirants.
On allegation against the recruitment agency, he said that the matter is sub-judice and the high court will take a decision in the matter. “The issue will be settled by the law and not by sloganeering. The instant protests seem to be an attempt to influence the high court,” he added.
Meanwhile, high Court in an order, a copy of which lies with news agency Kashmir Dot Com reads “When a writ petition comes up before the Court on first date of hearing on admission and after hearing counsel for the petitioner, Rule 15(1) of the Writ Proceedings Rules envisages only three eventualities, depending upon the satisfaction of the court: first, issuance of rule nisi; second issuance of notice for rule nisi and third dismissal of the writ petition. When a writ petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir comes up for hearing on admission for the first time, the Rules do not envisage dispensing with the requirement of issuance of rule nisi or notice for rule nisi and instead issuing a warrant of arrest. Since we have framed these Rules, insofar as they are meant for our observance, we are obliged to obey and observe the same in their letter and spirit. Issuance of notice to the other party is sine qua non to the administration of justice. Since that course has not been adopted, with respect, we feel that grave irregularity has crept in, prejudicing the respondents in the writ petition to the hilt. Any proceedings conduct or orders passed without notice cannot be sustained in law.” Therefore, in view of what has been discussed above, we, without discussing the merits of the case, deem it proper to dispose of the appeals and remit the writ petition back to the Writ Court for deciding the matter afresh.
Accordingly, the order and judgment impugned is hereby set aside, the writ petition is restored to its original number and the writ petition is remitted back to the learned Single Judge with a request to decide the matter afresh. Writ respondents through their learned counsel are directed to file objections/counter to the writ petition within two weeks from today, thereafter, rejoinder, if any, to be filed within next one week. Registry is directed to list the writ petition before the learned Single Judge on 5th of April, 2023, when the learned Single Judge is requested to finally decide the writ petition. Till then interim direction dated 09.12.2022 shall remain in force. Appeals stand disposed of along with connected miscellaneous CMs. (KDC)
