Srinagar, Dec 8: The High Court of J&K and Ladakh on Thursday directed government to constitute a high level Committee headed by “at-least” retired High Court Judge to enquire into the conduct of Jammu and Kashmir Service Selection Board (JKSSB) for “brazen irregularities and illegalities” in appointing a “blacklisted” agency for conducting various examinations.
A single bench of Justice Wasim Sadiq Nargal also observed that by its own act of omission and commission, the functioning of JKSSB does not inspire confidence in holding public examinations.
“It has become incumbent on all stakeholders to review the functioning of the Board,” the court said and held that process adopted and decision made by awarding contract to M/s Aptech Limited is “malafide and change of condition in tender was intended to favour (the agency).”
“These decisions will have an effect on public interest as the Respondent No. 2 (M/s Aptech Limited ) has been assigned to conduct examinations, wherein the selectees will be appointed to hold public posts,” the court said and quashed the contract awarded by government in favour of the agency pursuant to e-NIT (No.19 of 2022) dated 30 September this year for conduct of its various examinations through computer based tests mode.
“Consequently, all the exams viz Junior Engineer-civil (Jal Shakti Department) and Sub Inspector (Home Department) held by respondent No.1 (JKSSB) through respondent no. 2 (M/s Aptech Limited) furtherance of the aforementioned “award of contract to conduct examinations” are also set aside/cancelled at whatever stage they are as on date.”
The court passed the directions while disposing of a petition by a number of aspirants who responded to the advertisement for various examinations to be conducted by the JKSSB including Junior Engineer (civil), Jal Shakti Department and Sub Inspector (Home Department). The petitioners also sought direction to JKSSB not to conduct the examination through M/s Aptech Limited being “blacklisted” in the past.
The court observed that there is no denying of the fact that JKSSB is a premier recruiting agency in J&K having mandate of undertaking recruitment in a fair and transparent manner to the non-gazetted positions including Class-IV vacancies as referred to it by various government departments and has the power/authority to hold examination/interviews including skill tests wherever required for carrying out the recruitment to various posts.
The court observed that the authorities took a decision on 10 August this year for authorizing the JKSSB to undertake end to end process including setting of question papers in computer bases test through authorized agency. Pursuant thereto, a meeting was held under the chairmanship of the Chief Secretary in which a decision was taken that the JKSSB shall conduct all the examinations through CBT mode only. “The CBT mode of examinations reduced human involvement in the process thereby decreasing the chances of paper leakage as cumbersome process of printing and transportation of examination material involved in OMR bases examinations is eliminated.”
“…from the record, it is apparent that in the note-sheet, the SSB has admitted that the recent developments, which has led to the cancellation of the examination for the post of Sub Inspector (Home Department and enquiry in the examination for Accounts Assistant (Finance) and Junior Engineer (Jal Shakti Department) has seriously dented the image and raised eye brow about the efficacy of the recruitment method adopted by the SSB and, accordingly, the SSB has taken a decision to have audit of the entire recruitment process as well as agencies involved in conduct of examinations for respondent No.1 (government).”
The record further reveals, the court said, that the SSB deliberated upon the issue and decided to discontinue the conduct of CBT examination through NSEIT Ltd in view of the subsequent developments leading to the cancellation of examination for the post of Sub Inspector (Home Department) and enquiry into the examination of Account Assistants (Finance) and Junior Engineer (Jal Shakti Department). The decision of the Board was conveyed to the agency NSEIT on 24 August 2022. The record further reveals that respondent No.1 constituted a tendering committee for finalizing a comprehensive Tender Document and for floating an e-Tender for conducting the computer based tests by the J&K Services Selection Board.
The record further reveals that pursuant to the issuance of e-NIT No.18 of 2022 dated 05.09.2022, the tendering Committee constituted on 25.08.2022 held a pre-bid meeting with prospective bidders on 12.09.2022. From the record note of the pre-bid meeting, the court said, it is apparent that the prospective bidders highlighted various issues including pre bid queries on various clauses and items included in the Tender Document. The record note, the court said, further reveals that the queries were deliberated upon by the members of the tendering committee and the copies of the Pre-Bid queries were retained by the Tendering Committee for its decision, to be recorded against each prebid query on 13.09.2022. “I have gone through the original record with regard to the pre-bid queries of M/s Aptech and other agencies and subsequent decision thereof,” the court said, adding, “The record nowhere reveals that what weighed with the authorities to change the terminology of the affidavit and what weighed with the authorities to re-cast the condition No.3 of the Affidavit by virtue of a corrigendum and subsequently issuance of a fresh tender dated 30.09.2022 vide e-Tender Notice No.19 of 2022.”
How and under what circumstances, the conditions were “tailor-made” for M/s Aptech is not forthcoming from the record, the court said. What weighed with concerned authorities to carry out changes is also not borne from the record, the court added.
“ The Government is hereby directed to constitute a high level Committee headed by not less than a retired High Court Judge to enquire into the conduct of Jammu and Kashmir Service Selection Board for the their brazen irregularities/illegalities in changing the terms/conditions of the tender, 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,” the court said, adding, “accordingly appropriate action be initiated against those found guilty.”
