New Delhi: Earlier this week, the Jammu and Kashmir administration Adjourned its controversial Services Selection Board Recruitment Examination, a development that came after mass protests In which people like former Chief Minister Farooq Abdullah participated.
Led by examinees, protests are being held against the administration’s decision to engage Aptech, a “blacklisted firm”, to help conduct the exams. Aptech Limited is a vocational training service provider headquartered in Mumbai.
Jammu and Kashmir Services Selection Board (JKSSB) step The move to postpone the trials – which were due to begin on Thursday – also comes at a time when protesters have fought in the Supreme Court. they did that A division bench of the Jammu and Kashmir High Court set aside an earlier order of a single-judge bench canceling the exam.
In their petition before the SC, the protesters argue that Aptech, the company that has been given the tender to conduct the exam, has been blacklisted in the past for irregularities. The petitioners also allege that JKSSB arbitrarily changed the criteria of the examination to enable the company to participate in the bidding process.
Lawyers associated with the case told ThePrint that the petition will come up before the top court on March 20.
Responding to the allegations, JKSSB chairman Rajesh Sharma last week defended the board’s decision to hire Aptech. “The company was blacklisted. Not blacklisted yet…It was blacklisted for three years in 2019, and the blacklisting period expires in 2022… Legally, we had no reason not to hire the agency,” Sharma was quoted as saying as to say,
ThePrint reached out to Srinidhi Iyer, head of corporate communications at Aptech, over email. This report will be updated upon receipt of a response.
Here’s what the controversy is all about and what the court said about it.
What is the claim in the SC petition
In their petition before the Supreme Court, the candidates have cited at least five other instances of alleged irregularities involving Aptech.
According to the petitioners, in 2016 Aptech was appointed by the Uttar Pradesh Jal Nigam to conduct recruitment exams for 1,300 posts. Of these, the Yogi government in 2020 Cancelled The appointments to 1,188 posts of junior engineers and clerks were made after the Special Investigation Team found several irregularities in the appointments.
A special investigation team probing the alleged irregularities Name Aptech in connection with the matter.
The petition cited another such instance when in 2018, Uttar Pradesh Power Corporation Limited (UPPCL) has appointed Aptech for the recruitment exam of Junior Engineers. though the test was Illegal In the same year, UP Special Task Force was formed for this. Irregularities were allegedly found in the online recruitment test.
then there was Aptech blacklisted For three years – from May 2019 to May 2022.
Delhi High Court also did in February 2021 imposed Rs 10 lakh fine on Aptech. The action follows Aptech’s plea challenging its disqualification in the tender floated by the Directorate General of Training (DGT) for selection of service providers for conducting end-to-end computer-based tests under its various schemes Went.
In its order, the High Court had said: “Organizations which resort to or allow malpractices at the institutional level by public examination conducting bodies should be shunned and such conduct should not be condoned.”
In addition, the petitioners also cite alleged irregularities in recruitment examinations in Rajasthan and Assam.
It is important to note that a single-judge bench of the Jammu and Kashmir High Court referred to some Regarding alleged irregularities while canceling JKSSB recruitment exam.
‘Revised’ Tender
According to the petition filed in the Supreme CourtJKSSB released an e-tender notice on 5th September 2022 for engaging an agency for conducting computer based test for one year.
According to the petitioners, a clause in this tender notice states that the agency will have to submit an affidavit certifying that “it disqualifies for corrupt or fraudulent practices with any government department/agencies/ministries or PSUs”. is not under and has not been blacklisted.” by any Government Department/Agency/Ministries or Public Undertakings”.
According to the petitioners, Aptech did not fulfill this criterion, and, With a view to award the contract in favor of Aptech, the Board amended its notice on 14th September 2022.
As per the petition, the revised norms require applicants to submit an affidavit declaring that “the firm/agency is not involved in the ongoing investigation by any investigating agency relating to the conduct of the CBT exam”. , the firm/agency has not been blacklisted/barred by any Govt. body/Govt. Institutions/Boards/PSUs of the country as on date”.
The candidates claimed in the petition that, “quietly,” the JKSSB canceled the tender and soon floated a fresh tender in which the same condition of corrigendum was added in place of the earlier condition, which was mentioned in NIT No. 1. Is. 18 of 2022. Arbitrarily with malicious intent changed the terms and conditions of the earlier NIT (sic).
How the case went from HC to SC
On 28 November 2022, several candidates approached the Jammu and Kashmir High Court seeking a direction to restrain the board from conducting the examination through Aptech.
Justice Waseem Sadiq Nargal of the Jammu and Kashmir High Court had done on December 8 Government in favor of the candidates. In his order, he said that “the functioning of the Jammu and Kashmir Services Selection Board does not inspire confidence in conducting public examinations”, and that “it has become imperative for all stakeholders to review the functioning of the Board”.
The court found the decision to award the contract to Aptech to be “malicious” and set aside the contract, saying that the change in condition in the tender was intended to benefit Aptech.
According to the order, the examinations of Junior Engineer-Civil (Jal Shakti Department) and Sub-Inspector (Home Department) which had already been conducted through Aptech, “at whatever stage they stand”, stand cancelled.
The court also asked the government to set up a high-level committee headed by a retired high court judge “to inquire into the brazen irregularities/illegal conduct of the J&K Services Selection Board in changing the terms/conditions of the tender”. instructed. and to investigate its decision to award the contract to Aptech.
However, a day later, on 9 December, a division bench of the High Court stopped Single bench order The bench said that the board will go ahead with the selection process for various posts, but it restrained the board from declaring the result till further orders.
Then on March 10, the bench Sent The matter is remanded back to the Single-Judge Bench for deciding it de novo and in the meantime, the interim order passed by it shall remain in force.
This allowed JKSSB to proceed with the recruitment of Junior Engineers (Jal Shakti Vibhag) and Sub-Inspectors (Home Vibhag).
On March 13, the candidates moved the Supreme Court against the High Court order, specifically challenging the portion of the judgment that allowed the board to proceed with the recruitment.
(Edited by Uttara Ramaswamy)
Read also: ED cites ‘disproportionate assets’ against TMC duo in SSC scam, says ‘they acted in collusion’