HC stays PSC’s selection of veterinary surgeons

Vacancies of Animal Husbandry and Sheep Husbandry clubbed to pick up tail-enders

Ahmed Ali Fayyaz

SRINAGAR, Feb 25: Mr Justice Hasnain Masoodi of Jammu & Kashmir High Court has stayed operation of the selection of 55 Veterinary Assistant Surgeons as conducted and later issued by Jammu & Kashmir Public Service Commission (PSC) on February 17^th. Issuing notices returnable within two weeks to the respondent PSC, Mr Justice Masoodi ordered: “In the meantime, having regard to the averments set out in the petition, coupled with submissions made at bar, selection list of Veterinary Assistant Surgeons in Animal/ Sheep Husbandry Department, shall not be acted upon till next date of hearing before the Bench”.

A group of nearly two dozen high-merit candidates, who have been dropped in the selection, have filed a writ petition before J&K High Court, seeking nullification of the entire selection list. Senior Advocate and former Advocate General of Jammu & Kashmir, Altaf Naik, submitted before Mr Justice Masoodi on behalf of the petitioners that unprecedented irregularities had been committed by PSC in the process of the selection of 55 Veterinary Assistant Surgeons. During his arguments at submission, the petitioners’ counsel pointed out that PSC had clubbed 15 each Open Merit vacancies of the two separate departments of Animal Husbandry and Sheep Husbandry in order to raise the figure to 30.

Naik argued that Animal Husbandry and Sheep Husbandry were by no interpretation a single department for which PSC could have justifiably clubbed the vacancies. According to him, PSC should have observed the traditional and lawful practice of advertising the vacancies of the two separate departments separately. In that case each of the high-merit candidate would have availed the opportunity of competing for the posts in both the departments. Going by the set practice---calling 7 top ranking candidates for each vacancy upto 30 vacancies and 5 for each if total number of the vacancies exceeded 30---not more than 105 candidates were supposed to be called for interview. He pointed out that by way of clubbing the vacancies and raising the number to 30, PSC had created justification for inviting candidates upto serial number 210 of the shortlist.

That, according to the counsel, enabled the selectors to pick up incumbents far beyond the serial number 105. He asserted that it was “more strange” that during the process of interview, the candidates were forced to opt either for Animal Husbandry or for Sheep Husbandry Department. He pointed out that in addition to the unjustified and unlawful clubbing of the vacancies of the two separate departments, PSC had resorted to numerous irregularities that resulted in selection of low-merit candidates and dropping of as many as 41 high-merit candidates who figured among top 50 in the academic merit shortlist. He pointed out that even the candidates who figured at S No: 136 and S No: 133 were selected in the Open Merit category.

Had the PSC called only 105 candidates, separately for filling up 15 each vacancies in Animal Husbandry and Sheep Husbandry Departments, there would have been no scope to pick up the lowest merit candidates who figured at the tail-end, Advocate Naik argued.

With regard to the technical grounds, as pointed out and argued by the petitioners’ counsel, Mr Justice Masoodi ordered immediate staying of the operation of the PSC’s selection list. This has stopped the process of issuing formal orders of appointment in the administrative department at Civil Secretariat.

END