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2009 DIGILAW 592 (JK)

Raja Anees Ali v. State Of J. &K.

2009-11-26

BARIN GHOSH, MUZAFFAR HUSSAIN ATTAR

body2009
Muzaffar Hussain Attar, J. 1. Jammu and Kashmir Public Service Commission (for short PSC), issued advertisement notification No. PSC/EX-2008/41 dated 24th Oct. 2008, wherein and whereunder, Applications Forms from eligible candidates were invited, for appearing in J&K Civil Service (Judicial) Competitive Examination (for short examination). The selection/appointment to the post of Munsiff is governed by the rules called J&K Civil Service (Judicial) Recruitment Rules of 1967,( for short rules of 1967). The said rules were issued by the Governor in exercise of powers conferred by Section 110 of Constitution of J&K, in consultation with PSC and High Court. Para II of the Rules of 1967 pertain to recruitment. Rule 4 deals with method of recruitment and provides that recruitment shall be made on the basis of the competitive examination conducted by the Commission. Part IV of rules of 1967 provides for procedure for recruitment. Rule 10 relates to examination, Rule 11 syllabus and Rule 12 to papers. These rules being relevant for the disposal of this petition are reproduced as under:- "PART IV- PROCEDURE FOR RECRUITMENT 10. Examination- The examination for selection of candidates shall, as for as practicable be held annually, at such place or places as the Commission may determine commencing on such dates so may from time to time be notified in the Jammu and Kashmir Government Gazette and shall consist of- (a) written examination in such legal and allied subjects including procedure as may be included in the syllabus prescribed under rule 11; (b) Viva Voce. The object of viva voce examination is to assess the candidates intelligence, general knowledge, personality, aptitude and suitability. (2) For the purpose of conducting viva voce examination the Commission shall request the Chief Justice either by himself or through a Judge of the Court nominated by him to act as an expert on the Commission. Provided that after the commencement of the Jammu and Kashmir Civil Service (Judicial) Recruitment (Amendment) Rules, 1974 the first annual examination shall be held within six months before the expiry of the select list referred to in the proviso to rule 41. 11. Syllabus-The syllabus and the rules relating to the examination shall be as in Appending "A". 12. Papers-The written examination shall include compulsory and optional papers and every candidate shall take all the compulsory papers and three out of the optional papers mentioned in Appending "A". 11. Syllabus-The syllabus and the rules relating to the examination shall be as in Appending "A". 12. Papers-The written examination shall include compulsory and optional papers and every candidate shall take all the compulsory papers and three out of the optional papers mentioned in Appending "A". The total number of marks and the time fixed for each paper are given in the aforesaid Appendix." 2. Rule 11 of the Rules of 1967, provide that the syllabus and the rules relating to examination shall be as in Appendix -A. Appendix-A provides syllabus for the J&K Civil Service Examination (Judicial). Appendix-A is reproduced as under:- "APPENDIX "A" SYLLABUS FOR THE JAMMU AND KASHMIR CIVIL SERVICE EXAMINATION (JUDICIAL) Note:- (i) Each paper carries 100 marks. (ii) Time for each paper is three hours. Compulsory Papers. Paper I. (a) English Essay. (b) Translation from English into Urdu or Hindi and vice versa. (c) Precis. Paper II. (a) General Knowledge. (b) Indian Constitutional Law and Constitution of Jammu and Kashmir State. Paper III. (a) Criminal Procedure Code. (b) Evidence Act. (c) Ranbir Penal Code. Paper IV. (a) Financial Code Volumes I and II. (b) Kashmir Service Regulations Chapters III to XIII and XXII and XXII. (c) Rules and orders for the guidance of subordinate Courts (Civil and Criminal) and Circular orders issued by the High Court. Paper V. (a) Civil Procedure Code. (b) Limitation Act. (c) Jammu and Kashmir Registrar Act. Paper VI. (a) Transfer of Property Act. (b) Right of Prior Purchase Act. (c) Houses and Shops Rent Control Act. Optional Papers. Paper I. (a) Hindu Law. (b) Mohammadan Law. (c) Customary Law of the State. Paper II. (a) Law of Companies. (b) Insurance Law. Paper III. (a) Principles of Enquiry including the Law of Trusts and Specific Relief. Paper IV. (a) Jammu and Kashmir Contract Act. (b) Law of Torts. Paper V. (a) Suits Valuation Act. (b) Court Fees Act. (c) Stamp Act (d) Agriculturists Relief Act. (e) Excise Act and Rules. Paper VI. (a) Land Revenue Act. (b) Tenancy Act. (c) Land Alienation Act. (d) Land Acquisition Act." 3. Paper II under the head compulsory papers comprises of two subjects (a) General Knowledge (b) Indian Constitutional Law and Constitution of J&K. 4. (b) Court Fees Act. (c) Stamp Act (d) Agriculturists Relief Act. (e) Excise Act and Rules. Paper VI. (a) Land Revenue Act. (b) Tenancy Act. (c) Land Alienation Act. (d) Land Acquisition Act." 3. Paper II under the head compulsory papers comprises of two subjects (a) General Knowledge (b) Indian Constitutional Law and Constitution of J&K. 4. In terms of Rules of 1967, an eligible candidate who seeks consideration for being selected/appointed as Judicial Officer has to take examination in accordance with rules, and in terms of said Rules is required to appear in all the compulsory papers. General Knowledge is paper II (a) in terms of Appendix "A" and a candidate has to compulsorily prepare himself for the said paper as well. 5. The PSC issued notification No. PSC/EX-09/27 dated 21.08.2009, wherein and whereunder, it was notified for the information of all concerned candidates who had applied for appearing in the J&K Civil Service (Judicial) Competitive Examination, that the examination is likely to be held in Nov. 2009. The candidates were notified by this notification that syllabus for Paper II (a) compulsory (General Knowledge) for the examination will be the same as is prescribed for KAS (Combined Competitive Examinations (Mains) on General Knowledge. For the facility of candidates the syllabus as detailed out in the said notification is reproduced as under :- "General Studies Modern History of India and Indian Culture;. Current events of national and international importance; Statistical analysis, graphs and diagrams; Indian Polity; Indian Economy and Geography of India; The role and impact of Science and technology in the development of India. Modern History of Indian and Indian Culture will cover the broad history of the country from about the middle of the nineteenth century and would also include questions on Gandhi, Tagore and Nehru. The part relating to statistical analysis, graphs and diagrams will include exercises to test the candidates ability to draw common sense conclusions from information presented in statistical, graphical or diagrammatical form and to point out deficiencies, limitations or inconsistencies therein. The part relating to Indian Polity, will include questions on the political system in India. In the part pertaining to the Indian Economy and Geography of India, questions will be put on planning in India and the physical, economic and social geography of India. The part relating to Indian Polity, will include questions on the political system in India. In the part pertaining to the Indian Economy and Geography of India, questions will be put on planning in India and the physical, economic and social geography of India. In the third part relating to the role and impact of science and technology in the development of India, questions will be asked to test the candidates awareness of the role and impact of science and technology in India, emphasis will be on applied aspects." 6. The PSC issued notification dated 28th August 2009, informing all the candidates about the date-sheet, timing and venue for the examination. 7. Petitioners being aggrieved of notification dated 21st August, 2009 and 28th August 2009, filed this petition praying therein that writ of certiorari be issued for quashing the said notifications, and further prayed that by issuance of writ of mandamus respondents be directed to re-notify the dates of examinations. 8. We have heard ld. counsel for parties. Considered the matter. 9. The writ petition on the face of it, besides being misconceived, is also not competent in the eye of law. PSC is a Constitutional Authority, which is charged with the sacred duty of conducting examinations so as to find out the most suitable candidate(s) for being selected/appointed to the judicial services. The conducting of examination falls within domain of this Constitutional authority. Till such time, the examination are being conducted in accordance with the rules of 1967, the PSC cannot be interjected by issuance of any kind of writ, either to stop the conducting of examination or to take measures which strictly fall within the domain of PSC. The petitioners syllabus is notified in-terms of the rules of 1967 and petitioners have knowledge not only of the time schedule of examination but also of the compulsory papers and those which are optional papers. The syllabus is notified by statute in terms of Rule 11 read with Appendix "A" of rules of 1967. General Knowledge is a compulsory paper in terms of rules of 1967. General Knowledge is a vast subject and a candidate who is required to take examination has to prepare the subject same being the compulsory in terms of rules of 1967. General Knowledge is a big ocean in which a student can adrift in different directions. General Knowledge is a compulsory paper in terms of rules of 1967. General Knowledge is a vast subject and a candidate who is required to take examination has to prepare the subject same being the compulsory in terms of rules of 1967. General Knowledge is a big ocean in which a student can adrift in different directions. The PSC by issuance of notification dated 21st of August 2009, has navigated the candidates to a particular direction and to an identifiable destination. The PSC by issuance of said notification has saved the students from wondering in the fathomless ocean of General Knowledge. By issuance of the said notification subjects have been identified which the candidates may study. The petitioners are aggrieved of this notification, and the ld counsel for the petitioners vehemently argued that the notification has been issued on 21st of August 2009 and in the wisdom of learned counsel for the petitioners less time has been given to the petitioners to prepare themselves in the subject. This argument of the ld counsel for the petitioners falls flat for the reason detailed out hereafter. 10. In terms of rule 11 read with Appendix "A" of Rules 1967, the syllabus is notified and General Knowledge is one of the paper, and as already stated is compulsory paper. The candidate has to prepare himself for the said paper. As it is common knowledge that the subject of general knowledge resembles the fathomless ocean and a candidate many not be in position to cover all the branches of general knowledge. In order to guide the candidates and to enable them to concentrate in a particular direction, notification dated 21st August 2009 has been issued by PSC, no fault can be found with the same as same has been issued for over all benefit of the candidates. Assuming a situation that the notification dated 21st August 2009, was not issued, the students who were knowing the syllabus at the time of responding to the advertisement notification were required to prepare themselves in the subject of general knowledge. The subjects mentioned in notification dated 21st of August 2009, would be subjects which would form subject matter of the general knowledge paper. The subjects mentioned in notification dated 21st of August 2009, would be subjects which would form subject matter of the general knowledge paper. In absence of notification dated 21st of August 2009, a host of candidates would suffer on the ground that general knowledge being vast subject may not have studied the subjects mentioned in the said notification, the candidates would thus suffer. 11. The argument of the learned counsel for petitioners does not even stand to reason. None of the legal rights of the petitioners have been infringed by issuance of notification dated 21st of August 2009. In fact the said notification has benefited the petitioners. The learned counsel for the petitioners further argued that the petitioners have been directed to take examination in the winter season, so seek quashment of the notification dated 28th August 2009. Hundreds of candidates must have applied for taking these examination, forty one persons have filed petition. The time schedule of the examination has nothing to do with the preparation of the candidate. The candidate is duty bound to prepare himself and take exams in all the circumstances and in all the seasons of the year. The PSC in its wisdom deemed it appropriate to conduct the examination in November/December, no fault can be found with the same. Even examination in some schools is being conducted in the month of December. The schools which are teaching CBSE curriculum in the Valley of Kashmir conduct the examination in the month of November/December. The time schedule of the examination fixed by the PSC in the fact situation of this case cannot be found fault with. The argument of the ld counsel for the petitioners that the exams which were to be conducted earlier were postponed cannot become ground for quashing the notification. This court will not interfere into the administrative matters of the PSC unless justifiable grounds which are recognized by law are projected. 12. In this highly competitive world students in order to achieve their goals burn the candle on both ends. The candidate clamour that examination shall be conducted so that by competing therein, on the basis of their merit and suitability, they are suitably adjusted in life and become capable of serving the society. A handful of candidates cannot be allowed to seal the future of hundreds of candidates who are eager to take the examinations. 13. The candidate clamour that examination shall be conducted so that by competing therein, on the basis of their merit and suitability, they are suitably adjusted in life and become capable of serving the society. A handful of candidates cannot be allowed to seal the future of hundreds of candidates who are eager to take the examinations. 13. The examinations are being conducted for selecting meritorious and suitable candidates for manning the courts of laws. The relief sought for in the writ petition would directly affect the litigant public whose right to have speedy justice, which is constitutional right, would be affected as by delaying examination, there will be delay in the appointment of judicial officers and consequently delay in delivery of justice. On this ground also, the reliefs sought for in the writ petition cannot be allowed. 14. The writ petition being hopelessly merit less, is accordingly dismissed. 15. Before parting with this judgment it is placed on record, what John Rawals has said "Justice is a first virtue of essential institution, as truth is of systems of thought." Justice can be thought of as distinct from and more fundamental than benevolence, generosity, mercy or compassion.