A Himachal Judicial Service aspirant has to knock on the door of the Supreme Court of India as she was not allowed to participate in the preliminary examination by Himachal Pradesh Public Service Commission Shimla a lack of a document.
The Supreme Court provisionally permitted the petitioner – candidates to appear on online examination on Sunday as she was debarred by the Himachal Pradesh Public Service Commission ( Commission ) from appearing for the Himachal Pradesh Judicial Service Examination.
The candidate has also moved to Himachal Pradesh High Court with the same plea but she did not have any relief.
The candidate was debarred on account of not submitting the credential certificate in the appropriate format to write the examination scheduled for 9th July 2023.
Granting interim relief to the petitioner a Bench comprising Justice JK Maheshwari and Justice KV Vishwanathan directed the Commission to issue necessary admit cards to the petitioners and to ensure that the same reflects the center for examination.
It clarified that the interim relief to the petitioners to provisionally appear for the examination would not create equity in their favor and is subject to the outcome of the petition.
” We are inclined to grant the interim relief directing the respondents to permit the petitioners to appear for the preliminary examination provisionally beginning 09.07.2023 by issuing necessary admit card specifying the center for examination.”
The Bench issued a notice special leave petition challenging orders of the Himachal Pradesh High Court in the matter.
The Counsel appearing for the petitioner in one of the pleas apprised the Bench that according to the Commission instead of the credential certificates the petitioner had uploaded the Aadhar cards of the person who had issued the credential certificates.
Petitioner contended that as per the terms of the advertisement issued on 22nd April 2023, the requirement of submitting the credential certificate is not an essential document.
She urged that not submitting the same in the appropriate format was a curable defect.
The Counsel appearing for petitioners in the other plea submitted that the rejection of candidature in their cases was because defective credential certificates were uploaded.
Elaborating on the same, she submitted that instead of writing the name of the candidate, the person issuing the credential certificate had written ‘the applicant’.
The Counsel argued that the same is not a ground for rejection. She also averred that while her clients’ candidature had been canceled, the respondents had granted an opportunity to similarly situated candidates. to rectify their credential certificates.
Justice Vishwanathan told the Counsel appearing for the State Government, “See, this is not a material breach.” The Counsel for the State responded that an opportunity was given to all to rectify the documents not in conformity with the advertisement.
Justice JK Maheshwari opined, “So far as the credentials are concerned, we can understand that they qualify for the examination and then the credentials are required. But how can you on this ground cancel the candidature? Where is the question of the cancellation of the candidature?”
Earlier to this on July 5 Himachal Pradesh High Court dismissed the same plea of candidates upholding decisions of the Commission to disqualify the petitioner for their failure to furnish ‘ Credential Certificates ‘ in the prescribed format along with their applications for the post of Civil Judge ( Junior Division ).