Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section:

Civil service--- ----Selection process---Public Service Commission---Powers and responsibilities--Petitioners (two candidates) were aggrieved of the handout by the Public Service Commission (PSC), whereby the contesting respondent was recommended for appointment to the post of Assistant Professor (BPS-18)---Contention of the petitioners was that initially 17 candidates were shortlisted for interview and the name of the (contesting) respondent was not amongst them, so her participation in the interview and subsequent issuance of her appointment order was a manipulation in the selection process---Validity---Original record (award list, marks obtained by the candidates in the written test, academic qualifications and the interview) revealed that the respondent secured an aggregate of 66.96 marks, while the candidates ranked at 16 and 17 in the list i.e. the petitioners, herein, obtained 61.24 and 58.61 marks, respectively---Thus, the respondent had a higher merit position as compared to the candidates short listed for interview, thus, her inclusion in the interview for appointment against one of the posts, appeared to be in accordance with merit---Allegation of manipulation by the PSC was found to be devoid of substance---However, official respondents (the Director / Secretary PSC) admitted that it was failure not to include the name of private respondent in the shortlisted candidates due to an error on the part of the PSC---Such like mistakes are concerning, particularly for an institution like the PSC, which is entrusted with the critical responsibility of ensuring merit-based selection for public service positions--Error of such like nature, not only compromise the integrity of the recruitment process but also erode public confidence in the fairness and transparency of the PSC---Moreover, these lapses lead to an increase in litigation, as affected individuals seek to challenge the validity of the selection process, as was the situation in the present case---Thus, situation underscores the urgent need for the PSC to implement robust measures to prevent such errors in the future--Strengthening its procedures will help in restoring public trust and upholding the…