RANCHI: While continuing the interim stay on the state government's decision to cancel the results of the 11th-13th JPSC Civil Services Examination, JSSC-CGL, CDPO and FSO recruitment exams, the Jharkhand High Court has issued a significant order regarding the SIT investigation.
The court of Justice Deepak Roshan has appointed retired High Court Judge Gautam Kumar Choudhary to oversee the investigation and ensure that candidates, who were fairly selected and appointed, are not harassed by the SIT in the name of the investigation.
In addition to that, the court has also appointed retired IPS Officer RK Mallick as a nodal officer, who will assist the retired Judge in the monitoring.
The appointments were made after the petitioners' counsel informed the court that several innocent candidates were being subjected to mental harassment in the name of the investigation.
The proceedings saw arguments on both the legality of the State’s decision to cancel the recruitment process and concerns raised on behalf of candidates who have been affected by the cancellation.
According to Advocate Amritansh Vats, appearing on behalf of the petitioners, a submission was made before the court that many students are being harassed by the SIT in the name of investigation and hence, an arrangement should be made to hear the grievances of the candidates who got selected fairly in the examination.
"Therefore, the court appointed retired High Court Judge Gautam Kumar Choudhary to monitor such cases," he said.
“There is no doubt that summoning anyone by itself cannot be termed as harassment, but at the same time, having regard to the principles of fairness and interest of justice, this Court feels it appropriate to appoint Hon’ble Mr Justice Gautam Kumar Chaudhary (Retd.) to monitor/observe the investigation done by SIT so that no citizen is harassed due to the ongoing investigation. It is made clear that the monitoring/observance by the Hon’ble Judge is completely independent of the present proceedings,” stated the court order.
"Accordingly, Hon’ble Mr Justice Gautam Kumar Chaudhary (Retd.) is appointed as Monitor/Observer in order to look into complaint(s) of harassment," it said.
The Advocate also informed that the retired Judge will be assisted by a Nodal Officer, retired IPS Officer RK Mallick. Another Advocate, Sonal Tiwary, assisting former Advocate General Rajiv Ranjan appearing on behalf of the selected candidates said, “The court, however, made it clear that the arrangement would not interfere with the investigation, which the SIT was free to conduct in accordance with law.”
The next hearing in the matter is scheduled for October 7, he said.
Meanwhile, in its counter-affidavit, the State government defended the cancellation of the JSSC-CGL examination, stating that the decision was in accordance with Supreme Court guidelines.
As per the government’s reply, the entire examination process had been compromised, and it had become extremely difficult to distinguish candidates who had qualified fairly from those who may have benefited from unfair means.
The State referred to the Supreme Court guidelines cited in the Vanshikha vs. Central Government case, contending that when an examination is so thoroughly compromised that legitimate and illegitimate candidates cannot be separated, cancellation of the entire examination is justified.
The government also cited examples of examinations cancelled by different governments to support its decision. The affidavit was filed by Joint Secretary, Department of Personnel, Amar Kumar, in response to petitions challenging the cancellation.
