In that tender, one ND Info Systems Private Limited was the successful bidder but JKSSB awarded the contract to one Merit Trac Services Pvt. Ltd. overlooking the fact that in pre-qualification evaluation for e-NIT No.01 of 2021, the Merit Trac Services Private Ltd. clearly and in unambiguous terms mentioned itself to be a blacklisted firm
K Koushal
In an another shocker for the aspirants of various competitive exams conducted by Jammu and Kashmir Service Selection Board (JKSSB), the Jammu Kashmir High Court has cancelled the examination conducted by the JKSSB for the posts of Junior Engineer (Civil) Jal Shakti Department and sub-inspector of Jammu and Kashmir Police.
According to an order, the court has also directed the government to constitute a high-level committee headed by not less than a retired high court judge to enquire into the conduct of JKSSB.
The court directed the government to conduct enquire into the brazen irregularities conduct by JKSSB and appropriate action be initiated against those found guilty.
“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 and illegalities in changing the terms and 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 and accordingly appropriate action be initiated against those found guilty,” the court observed.
The court also stated that the by its own act of omission and commission, the functioning of Jammu and Kashmir Service Selection Board does not inspire confidence in holding public examinations.
“It has become incumbent on all stake holders to review the functioning of the Board,” it observed.
After listening the case, Justice Wasim Sadiq Nargal observed “Keeping in view the aforesaid peculiar facts and circumstances of the case and for the foregoing reasons, I am of the opinion that the process adopted by the awarding contract to M/s Aptech Limited is malafide and change of condition in tender was intended to favour M/s Aptech and these decisions will have an effect on public interest as M/s Aptech has been assigned to conduct examinations, wherein the selectees will be appointed to hold public posts,”, adding that the contract awarded by JKSSB in favour of M/s Aptech pursuant to e-NIT No.19 of 2022 dated 30.09.2022 for conduct of its various examinations through computer based tests mode is quashed.
Earlier, writ petition was filed on behalf of the petitioners, who claim to be the aspirants, who have responded to the advertisement for various examinations to be conducted by the Jammu & Kashmir Services Selection Board (JKSSB) and the two such examinations are Junior Engineer (civil), Jal Shakti Department and Sub Inspector (Home Department) to which all the petitioners have responded to and applied. The petitioners are seeking direction to respondent JKSSB not to conduct the examination through M/s Aptech Limited, blacklisted in the past, which contract was given to M/s Aptech Limited and as per the petitioners, the examinations are tentatively scheduled to be conducted from 05.12.2022 to 20.12.2022.
Petitioners further seek a direction to appoint some other agency, which is not previously blacklisted for conducting such examinations through Computer Based Test Mode (CBTM) involving public employment.
According to the petitioners, prior to this, JKSSB has previously floated a tender for empanelment of agency for conduct of its various examinations through Optical Mark Recognition (OMR) mode exams vide e-NIT No.01 of 2021. In that tender, one ND Info Systems Private Limited was the successful bidder but JKSSB awarded the contract to one Merit Trac Services Pvt. Ltd. overlooking the fact that in pre-qualification evaluation for e-NIT No.01 of 2021, the Merit Trac Services Private Ltd. clearly and in unambiguous terms mentioned itself to be a blacklisted firm. The Merit Track Services Pvt. Ltd. conducted the examinations of Junior Engineer (Civil) (Jal Shakti Department) on 20.03.2022 and Sub Inspector (Home Department) on 29.03.2022 and also Finance Account Assistant exam.
The malpractice occurred during the aforesaid examinations and the examination conducted by the said Merit Trac Services Pvt. Ltd. was compromised as papers were leaked, as a consequence of which these two examinations among others were scrapped by JKSSB. It has been brought to the notice of the Court that the matter at presently is being investigated by the Central Bureau of Investigation (CBI) and recently the CBI has filed charge-sheet in these matters. The further case of the petitioners is that since the contract was given to a blacklisted agency, this was the precise reason that malpractices occurred and the matter at presently is being investigated by the CBI.
Meanwhile, JKSSB vide notce No.JKSSB-COEOEXAM(UT)/54/2022-03 (7057013), dated 8-12-2022, had stated that examination (CBT) for the post of Sub Inspector, Home Department scheduled for 9th of December 2022, has been postponed.
However, a senior officer in the Board confirmed that they shall be approaching the Division Bench to challenge the directions of the writ court.
