SRINAGAR The Jammu and Kashmir High Court on Friday modified its single benchs stay order on a common examination for the posts of District Litigation Officers and Assistant Legal Remembrancer. The examination is scheduled on Sunday.
The ad interim order dated 24.05.2018 passed by the Single Judge is modified and it is directed that the appellant (JKPSC) shall be at liberty to hold the written examination. However, the result of the aforesaid written examination shall not be declared without leave of the learned Single Judge of this Court, said a division bench of the court comprising Acting Justice Alok Aradhe and M K Hanjura
To the aforesaid extent, the ad interim order passed by the Single Judge on 24.05.2018 is modified. Let the matter be listed for consideration before the learned Single Judge on 06.06.2018. Accordingly, the appeal stands disposed of, the court said after considering the submissions made by the counsel for the parties and perusal of the record. The Supreme Court has deprecated the practice of the litigants in approaching the Court at the nick of the moment. In the instant case, the requirement of holding the written examination was notified on l0.04.7018.
However, the petitioners have approached the Court only on 24.05.2018, i.e., nearly after a period of one and a half month, for which no explanation has been offered. The appellant has made all arrangements for conduct of the examination and in case the examination is not allowed to be held, it would amount to inconvenience to the appellant as well as to the candidates, who have to appear in the examination, and would also result in loss of public exchequer. Therefore, the conduct of the petitioners, prima facie, disentitles them to such relief However, we find that the issue involves in the writ petition requires consideration, therefore, there is need to safeguard the interests of the respondents as well.
The High Court on Thursday had stayed a notification by Jammu and Kashmir Public Service Commission indicating to hold a common examination for the posts of District Litigation Officers and Assistant Legal Remembrancer.
The PSC had notified the posts of District Litigation Officers and Assistant Legal Remembrancer/ Public Law Officers vide advertisement notification numbers 20-PSC (DR-P) of 2016 dated 29 December, 2016 and 03-PSC (DR-P) of 2018 dated 29 January, 2018. Claiming that being eligible for both the posts, the aggrieved candidates in a plea before single bench have challenged the PSC notification issued on 10 April envisaging a common examination will be hold for the posts. They have applied for both the posts.
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