Srinagar: The High Court on Thursday directed the Union Territory administration to constitute a high-level committee to enquire into the conduct of J&K Service Selection Board (SSB) for the brazen irregularities in changing the terms of a tender to award contract to M/s Aptech Limited (a blacklisted agency) for conducting examinations to various posts in J&K.
The court said, “the functioning of SSB does not inspire confidence in holding public examinations. It has become incumbent on all stakeholders to review the functioning of the Board.”
The court was hearing a writ petition by some aspirants who responded to the advertisement for various examinations to be conducted by the Board. Two such examinations are Junior Engineer (civil), Jal Shakti Department, and Sub-Inspector (Home Department).
The petitioners prayed direction requiring the government not to conduct the examination through M/s Aptech Limited, blacklisted in the past. The examinations were tentatively scheduled to be conducted from December 05 to December 20, 2022.
They further sought a direction to appoint some credible agency for conducting such examinations through computer-based test mode involving public employment.
After hearing the parties, Justice Wasim Sadiq Nargal quashed the contract awarded by the Board in favor of the tainted company.
Consequently, the judge cancelled all the exams including the Junior Engineer (Jal Shakti Department) and Sub Inspector (Home Department) to be held by the Board through M/s Aptech Limited.
Justice Nargal 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 SSB for 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, and accordingly, appropriate action be initiated against those found guilty”.
He said, “by its own act of omission and commission, the functioning of the Jammu and Kashmir Service Selection Board does not inspire confidence in holding public examinations. It has become incumbent on all stakeholders to review the functioning of the Board.”
The judge opined that the process adopted and the decision made by awarding contract to Aptech Limited is malafide and a change of condition in tender was intended to favor it.
These decisions will have an effect on public interest as the incredible agency has been assigned to conduct examinations, wherein the selectees will be appointed to hold public posts.
Calling it a rarest of rare case where the actions of the SSB in the past have led to cancellation of examination for the post of Sub Inspectors in Police Department and Junior Engineer in the Jal Shakti Department. These bad outcomes have seriously dented its image and raised questions about the efficacy of the recruitment method adopted by it (the SSB).
The court said, “yet again SSB has perpetuated its wrong in giving contract to an agency which is tainted/previously blacklisted for perpetuating fraud in the form of hacking of question papers.”
The court observed that Aptech is being investigated by CBI and challan has also been produced with regard to the recruitment of Sub-Inspectors and Junior Engineer, “the SSB has yet again altered and changed the terms and conditions of the NIT with a view to favor their own blue-eyed persons the Aptech by annulling and cancelling the earlier tendering process and initiating fresh process again by issuing a fresh tender.”
The court found the conditions were “tailor-made just to give benefit to Aptech so that it is not ousted from the zone of competing or award of contract.”
It said, “the entire action of the SSB by relaxing the conditions smacks foul play and leads to an irresistible conclusion that the SSB was bent upon to engage a previously blacklisted/tainted agency when already SSB’s actions are being investigated, enquired by the CBI for awarding the contract to a tainted agency in the past.”
By way of this action, the fundamental rights of all the participants, which are guaranteed by Article 16 of the Constitution have been infringed i.e. their right to participate in a fair and transparent manner in the selection process has been infringed by the impugned action on part of SSB by awarding contract in favor of a tainted agency, the court concluded.
