Saturday, September 18, 2010

Injudiciousness and perfunctoriness over Haryana judicial service examination

The controversies, apathy and dilly-dallying has become endemic to the Haryana Public Service Commission (HPSC). The whole gamut of the selection process is shrouded by an eerie sense of distrust, secrecy and panic. The sore points are umpteen.
Timely steps are required to be taken for determination of vacancies, issue of advertisement, conducting examinations, interviews, declaration of the final results and issue of orders of appointments. For all these and other steps, if any, it is necessary to provide for fixed time schedule so that system works automatically and there is no delay in filling up of vacancies.
On the contrary, the notifications that are issued for selection for particular posts/services do not specify the date(s) of the holding of the examination. The candidates are left in lurch for months end on just surmising about the time of the examination. Anyhow, if the examinations take place, unpredictability about the declaration of result ensues. And with the declaration of the result, commences the plight of the successful candidates because, more often than not, the result will be found impugned in the High Court/Supreme Court for some alleged irregularities/improprieties in the selection process/examination.
For the selection of suitable candidates for appointment in HCS (Judicial Branch), the HPSC conducted preliminary examination on 11.07.2010 in accordance with the provisions contained in the Punjab Civil Services (Judicial Branch) Rules, 1951 as amended from time to time. In just less than a week, the result came out enlisting the name of the successful candidates found eligible to take the main examination. Expectedly, the said result also wadded into troubled water since the HPSC and Selection Committee, Punjab and Haryana High Court were hauled up by some unsuccessful candidates in the Punjab and Haryana High Court over some grave irregularities in the question paper and answer key. It is noteworthy that both High Court and the State government (read here HPSC) are jointly responsible for the smooth conduct of the judicial service examination as mandated by the Hon’ble Supreme Court in the case of Malik Mazhar Sultan v. UP Public Service Commission (2006). The Punjab civil service (Judicial Branch) Rules, 1951 as amended in February 2010, ordain that the HCS (Judicial Branch) Examination is to be conducted by a selection committee consisting of three senior judges of the High Court and equal number of state government official and Chariman of HPSC (Haryana Govt. Gazette Notification No. GSR 3/Const/Art 234 and 309/ 2010 dated 10 Feb 2010).
Before the single judge bench of the High Court, the counsels of the HPSC and the High Court conceded some goof-ups. To protect the paramount interests of the examinees, the single judge bench of His Lordship Justice Ajay Lamba on 13.09.2010 directed the Selection Committee of the Punjab & Haryana High Court and HPSC to constitute an Empowered Committee to look into the grievances of the petitioners and redraft the answer key, recheck the papers of all the candidates, and prepare merit list afresh accordingly. In the flagrant violation of the said decision of the High Court, without undertaking any such exercise, the HPSC notified the schedule for Main Examinations to be held from 1st Oct to 3rd Oct. While the aggrieved candidates were fuming and fretting at the contumacy of the HPSC, the successful candidates were also on tenterhooks, and in a state of paranoia about the legal sanctity of the scheduled examination. In meanwhile, Punjab & Haryana High Court through its Registrar went in Letter Patent Appeal (intra court appeal) before the division bench against the said single bench decision. In deference to the decisions by Their Lordship Justices M.M. Kumar and Ritu Bahri on 22.09.2010 and 27.09.2010 in the above noted case, the Answer Key was rectified and the merit list was published accordingly. Consequently, it occasioned the induction of 45 odd more candidates in the Merit List. Quite shockingly, there was no deferment in the schedule of examination (1st Oct- 3rd Oct 2010) in spite of the fact that 45 new candidates came to find place in the merit list on 27.09.2010 0nly. Will the concerned authorities take pain to enlighten on as to how it is feasible to brace up for an examination for the post of the Civil Judges-cum-Judicial Magistrates on a short notice of just four days only?

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