PANKAJ SHARMA versus STATE OF JAMMU & KASHMIR & ORS.

Citation: [2008] 4 S.C.R. 1110 · Decided: 14-03-2008 · Supreme Court of India · Bench: C.K. THAKKER · Disposal: Dismissed

Judgment (excerpt)

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B 
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F 
G 
H 
[2008) 4 S.C.R. 1110 
PANKAJ SHARMA 
v. 
STATE OF JAMMU & KASHMIR & ORS. 
(Civil Appeal No.1997 of 2008) 
MARCH 14, 2008 
(C.K. THAKKER AND ALTAMAS KABIR, JJ.) 
Jammu and Kashmir Combined Competitive 
Examination Direct Recruitment Rules, 1995: 
Jammu and Kashmir Combined Competitive 
Examination, 1995 - Preliminary Examination - Mistakes in 
question papers - State Public Service Commission deleting 
doubtful/wrong questions and adding marks of such questions 
pro rata to remaining questions- Writ petition by unsuccessful 
candidates seeking to quash Preliminary Examination -
. Single Judge of High Court declining to quash Preliminary 
Examination, but directing to delete some more doubtful/ 
wrong questions and to add marks of such questions pro-
rata to remaining questions, to redraw merit of unsuccessful 
candidates and to hold special Main Examination of those 
candidates who thus secured equivalent or more marks than 
the last short-listed candidate - Division Bench of High Court 
declining to interfere - Commission complying with the order 
and directions -
HELD: In the circumstances, the 
methodology adopted and the action taken by Commission 
cannot be said to be contrary to rules - Single Judge of High 
Court considered controversy in proper perspective and 
issued directions in larger interest of candidates - There is 
no infirmity in the order passed and directions "issued by 
single Judge, and, no interference, therefore, is called for. 
Jammu and Kashmir Public Service Commission 
(Business and Procedure) Rules, 1980: 
rr. 6, 9 and 11. -
Jammu and Kashmir Combined 
1110 
I~ 
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PANKAJ SHARMA v. STATE OF JAMMU & KASHMIR 
1111 
& ORS. 
Competitive Examination, 1995 - Preliminary Examination -
A 
Mistakes in question papers - Commission seeking opinion 
of experts and deleting doubtful/wrong questions and adding 
marks of such questions pro rata to remaining questions -
Methodology adopted approved unanimously by all Members 
present - One Member absent in meeting subsequently B 
agreeing to methodology adopted -
Decisions taken by 
Commission in accordance with majority of Members of 
Commission - One of the Members whose ward was candidate 
also participating in proceedings - HELD: Methodology 
adopted by the Commission in the circumstances cannot be c 
said to be unreasonable and irrational - Decisions taken by it 
were in accordance with Rules - Subsequent dissent by two 
Members did not make the earlier actions of the Commission 
illegal or otherwise vulnerable - Preliminary Examination 
being in the nature of 'screening test' limited to process of short-
0 
listing of candidates to get entry to Main Examination and 
marks obtained in Preliminary Examination having no bearing 
on final selection, Member concerned could not be said to be 
disqualified to participate in the proceedings - Administrative 
Law-Bias. 
Constitution of India, 1950: 
Article 136 - Re-appreciation of evidence and disposal 
E 
of case finally by Supreme Court - Jammu and Kashmir 
Combined Competitive Examination -
Preliminary 
Examination - Mistakes in question papers - Single Judge F 
of High Court directing to delete doubtful/wrong questions and 
to add marks of such questions pro rata to remaining 
questions and to redraw merit of unsuccessful candidates -
Division Bench of High Court by a brief order dismissing the 
appeals - HELD: It is truf? that Division Bench did not consider G 
all contentions raised in writ petitions and decided by single 
Judge - But, keeping in view the importance of question and 
its far reaching effect, Supreme Court considered the matter 
at length, ·went through record and once again examined the 
points raised by parties since it thought it appropriate to finally H 
1112. 
SUPREME COURT REPORTS 
{2008]4 S.C.R._ 
A· conclude the matter instead of sending it again to Division 
Bench of High Court which would have resulted in further delay 
- Administration of justice. 
The Jammu and Kashmir Public Service Commission 
issued notification dated 1.4 .. 2005 inviting applications for 
B ·filling up 132 posts of eighteen Gazetted Services in die -
State through Jammu and Kashmir· Combined 
Competitive Examination. The applicants were· first to 
appear_ in the Preliminary Examination and only short-
listed successful candidates were required to appear in 
C the Main Examination which included written tests 
followed by oral interview. Some of the candidates, who 
could no

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