PSP certificate cut off date in J&K CCE | HC orders to reserve post in JKAS

Srinagar, Dec 19: Central Administrative Tribunal (CAT) Jammu has directed the J&K PSC to keep one post in JKAS reserved under the Pahari Speaking People (PSP) category for which combined competitive examination was conducted pursuant to notification No. 08-PSC (DR-P) of 2022 dated 19.04.2022.

“…the respondents are restrained from recommending the name of candidate next in the order of merit under the PSP category for appointment pursuant to notification No. 08-PSC (DR-P) of 2022 dated 19.04.2022 and they are further directed to keep one post reserved under the PSP category,” a bench of Rajinder Singh Dogra Member (J) said.

The directions followed the contention of a candidate, Varsha Choudhary who approached the Tribunal with a plea that she participated in J&K Combined Competitive Examination, 2022 as PSP candidate, qualified the preliminary and mains examination and was called for interview on 17.08.2023.

She is aggrieved of the notification no. PSC/Exam/2023/S/37 dated 22.08.2023 to the extent her result was withheld by the PSC on the ground that her PSP category certificate issued on 31.05.2022 is dated later than 26.05.2022-- the cutoff date-- whereas, the actual cutoff date, she said, was 07.06.2022 as extended by the Commission.

However, counsel for the PSC as well as the government submitted that there was no illegality in the action of the respondents (authorities) as the cut of date was only extended till 26.05.2022 and, as per rules, any reservation/relaxation certificate should be dated earlier than the closing date.

Sudesh Magotra, A.A.G, Advocate F A Natnoo and Hunar Gupta, D.A.G. accepted notice on behalf of the respondents ( authorities).

“From the perusal of record, it transpires that in the initial advertisement notification dated 19.04.2022, the cut-off date was given as 15.05.2022. Thereafter, vide notice dated 12.05.2022, the last date for filing online applications was extended and the cut of date was modified to 26.05.2022. Thereafter, again vide order dated 01.06.2022, the date for filing up application was extended to 07.06.2022, however, no mention was made regarding extending the cut of date” the court said, after hearing counsel for the parties and perusing the records.

The Court also observed that” a perusal of Clause 11 of Jammu and Kashmir Combined Competitive Examination Rules, 2018 reveals that the certificate in respect of reservation/relaxation benefits should be dated earlier than the due date (closing date) of the application of Combined Competitive (Preliminary) Examination”.

“In this case vide notification dated 01.06.2022, the date for filing application was extended to 07.06.2022 i.e. the closing date,” it said.

“If the order dated 01.06.2022 extending the date for filing application upto 07.06.2022 and Clause 11 of Jammu and Kashmir Combined Competitive Examination Rules, 2018 are read in tandem with regard to this case, it would imply that the last date for filing application was 07.06.2023 and all the reservation/relaxation benefits certificates should be dated earlier than 07.06.2022”

The Court underscored that the applicant's PSP category certificate was dated 31.05.2022, which apparently, it said, is within the cutoff date.

“In view of the … discussion, prima facie, I am of the view that the action of the respondents of withholding applicant's result on the ground that her PSP category certificate is dated later than the cut off date is arbitrary and, in case, the applicant is not protected by this Tribunal, it will cause her irreparable loss,” the Court said.

The Court directed the respondents to keep one post reserved in JKAS under the PSP categor.