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KAS selection: 70% fair, 30% unfair Members, Secretary managed to take away their share 5/5/2011 12:28:22 AM Early Times Report SRINAGAR/JAMMU: May 4: It is for the Government of Jammu & Kashmir and the Jammu & Kashmir Public Service Commission (PSC) to explain why an officer of the rank of Additional Secretary was not appointed to replace Ghulam Hassan Mir as Controller and what was the compulsion in not only retaining Mohammad Ashraf Bukhari as Secretary of PSC but also assigning to him an additional charge last year. Even after Bukhari’s disobedience to accept his posting as DC of Kupwara, as ordered by Omar Abdullah’s Cabinet in May 2010, he continued to retain the dual charge of Controller. PSC also needs to explain why it did not use the option of recording the personality tests of different selections on camera in a state of alienation where credibility of the government institutions stands arguably at the lowest in the country. Almost all the 392 candidates, who were selected and appointed for Combined Administrative Services last month, understandably insist that the selection was “fair”. Thousands of those who failed to make it to the prestigious services swear that it was “unfair”. An objective analysis by Early Times, however, finds the truth somewhere in between: 70 percent fair and 30 percent unfair. Selected candidates refer to failure of the children of some high profile men in politics, bureaucracy and judiciary to establish the fairness of the selection process. “It’s true of everywhere: failed candidates always blame the selectors and the system with one or the other allegation”, said a candidate who is now taking training in public administration at IMPA, Srinagar. Those, who failed, or were allegedly dropped, have a story in contrast. According to them, corruption, nepotism and favouritism was evident in more than 150 cases. Fact that everybody learned about the marks obtained in Mains is their supportive evidence. “I did the best but was dropped. I refused to pay money as I was one among the toppers in the Mains. However, one of my relatives did the needful and managed to change his service from inferior to a superior one before the final list came out”, said one Sajjad Ahmed. If another ‘dropped’ candidate is to be believed, Secretary of PSC, Ashraf Bukhari, managed to select a number of his relatives and children of close acquaintances. Asked for a specific example, the candidate asserted that Bukhari’s close relative, Syed Sajjad Hussain Shah (Roll No: 1702189) S/o Syed Ghulam Nabi Shah [address given: c/o CTO office of Additional Commissioner Commercial Taxes Kashmir] secured


just 946 marks out of 1950 in the Mains. He required 105 out of 250 in the viva for inclusion among the candidates selected from RBA category, whose cut off stood at 1051. Sajjad Shah, who figured at No: 279 in the Mains merit list, was granted 140--almost at par with the topper of all categories, Chewang Gyaltson, who got a lofty 1218 in the Mains and just 145 in the viva. Gyaltson is among nine brilliant candidates who have been simultaneously selected by UPSC for more prestigious All India services. He is joining Indian Forest Service but hopeful to also make it to the most prestigious IAS---like another son of the soil, Dr Shahid Iqbal. PSC Member Javed Makhdoomi’s daughter, Shadab Makhdoomi, has already become cynosure of many in bureaucracy, and now also in media, for her miracle of topping in the viva with 205 marks. Much like Sajjad Shah’s 946, she had got a poor 952 in the Mains. She now happens to be at No:5 among the candidates selected for J&K State Accounts Service. Similarly, Tehleela Asmat of Baramulla (Roo No: 0700072), who stood at extreme tail-end of the Mains merit list with just 941 marks (rank 173), was awarded 200. With total of 1141 marks, she now figures at 27th position in the State Accounts Service. Exactly like Shadab and Tehleela, Shah Umar of Sanat Nagar (Roll No: 090633), who stood at rank 162 in the Mains with a dismal 945 out of 1950, has been awarded 200 out of 250 in the viva and this selected for KPS. According to the failed candidates, PSC Member Masood Samoon’s relative, Zahid Samoon (RBA), who got just 898 in Mains and required 106 to reach the RBA cut off, was awarded 115 in the viva. He stood at rank 347th in the Mains and now figures at serial No: 74 among the candidates picked up for KPS. However, it could not be verified immediately from independent sources whether the selected candidate was the PSC member’s relative or simply a fellow villager in Gurez. J&K State SSRB Chairman Bua Dutta Bhagat’s daughter, Priyadarshani Gautam (Roll No: 1800889), who got 954 in the Mains required 47 marks to reach the SC category’s cut off 1001. She is found to have given 115. She now stands at rank No: 192 in the KAS. Candidates, as also many others in the government, attribute Ms Gautam’s success to her father’s reciprocity of obliging the PSC members and officials in recruitment of non-gazetted services at SSRB. On the other hand, a number of highly meritorious candidates have been dropped in the final selection. A socially and economically backward,Khursheed Ahmed S/o Inayat Hussain (Roll No: 1702005) of Poonch required just 41 marks to reach the ST cut off 1006. Mercilessly, he is granted 40 and taken out of the competition. Perhaps the most pathetic story is that of Doabgah Sopore’s Yasin Guroo (Roll No:


1101283) who got the dream score of 1063 marks and stood at rank 28th in the Mains. He needed just 65 marks to reach the Open Merit cut off i.e. 1128 marks. He has been awarded incredibly lowest of 30 marks in the interview and taken out of the competition, allegedly to clear way for influential candidates and blue-eyed boys and girls like Shadab, Tehleela, Samoon and Priyadarshani. Asrar Ahmed S/o Mehtab Din (Roll No: 1102270) has survived the PSC selectors’ cruelty. He was awarded the lowest of 20 marks in viva. As Asrar had got as many as 1130 and stood at No: 6 in the Mains merit list, his selection was not subservient to the sweet will of the selectors. As against the ALC category’s final cut off of 1128 marks, Asrar had got 1130 in the Mains i.e. two more than the final cut off. Notwithstanding the obvious injustice, he stands at No: 120 among the merit list of KAS candidates. Luck favoured him decisively at the Mains level like Salam-ud-din of Koteranka Rajouri (Roll No: 2002515) who got an impressive 1100 in the Mains but was granted just 40 in the interview. He, anyway, required, 28 only to reach the ST cut off. While justifying it all, Chairman of PSC, S L Bhat, is reported to have told local news agency KNS that many of the candidates have passed with just 20 marks and many others have failed despite getting 200 in the viva. He is also reported to have said that Shabad Makhdoomi had topped in the Preliminary. The dropped candidates reverted that Preliminary was just a screening test and its marks neither declared not counted in the selection tally. They claimed that part of Chairman’s statement holds true in case of just five or six candidates and, according to them, there was a plethora of data and evidence to establish that corruption, favoutism and nepotism were the key features of the selection. News Details When Cabinet rejected proposal to designate Bukhari as PSC’s CEO Chairman didn’t relieve his confidante, made him Secretary-cumController 5/3/2011 12:02:43 AM Ahmed Ali Fayyaz SRINAGAR, May 2: Connections of the high-flying bureaucrat, Mohammad Ashraf Bukhari, can be gauged from his audacity of refusing to join as Deputy Commissioner of Kupwara when Omar Abdullah’ cabinet ordered a major administrative reshuffle in May 2010. Incumbent DC Kupwara, Shaukat Ahmed Mir, who required urgent cardiac treatment and had proceeded on leave, was airlifted and dropped back in Kupwara when the Government failed to implement the Cabinet order. On May 31, 2010, Bukhari had been removed as Secretary of Jammu & Kashmir Public Service Commission (PSC) and appointed as DC Kupwara. Chairman of the PSC, S L Bhat, according to informed sources in the state administration, refused to relieve his confidante with the hackneyed argument that Bukhari’s transfer could badly affect the working at PSC. However, the chemistry


between the two being more than normal is evident from the fact that Bhat also managed to banish Bukhari’s bete noire and Controller of Examinations, Ghulam Hassan Mir. He even prevailed upon then Chief Secretary, Sham Singh Kapur, and ensured that none of the additional secretaries to Government was appointed as the new Controller at PSC. Even when Mir was on leave, Chairman assigned the additional charge of Controller to the Secretary. Mir returned but Chairman Bhat desired Bukhari to continue as Controller “till further orders”. Mir was finally packed off back to Civil Secretariat as Special Secretary in Housing & Urban Development Department. This accomplished the task of the abortion of Mohammad Shafi Pandit’s concept of keeping two different officials as Secretary and Controller. Bhat’s predecessor, Mr Pandit, according to sources, was keen that Secretary, like all others, should not know about the marks obtained by the candidates in written examinations and screening tests. Pandit’s apprehension was that Secretary could influence the final selection process if he knew how many marks exactly a candidate needed in viva voce to pass. On account of the special services provided to certain influential politicians and bureaucrats, that include selection of the wives of some Ministers’ Special Assistants as Veterinary Assistant Surgeons, this high-flying IAS officer is now demanding the posting of his choice. Sources said efforts were currently in progress to ensure a “prize posting” for the PSC Secretary who has a short list of priorities----DC Budgam, Commissioner Commercial Taxes (charge temporarily with Commissioner Excise G A Pir) or Special Secretary in General Administration Department (GAD). With the blessings of Kapur---and a couple of Ministers---Bukhari dictated terms to the Government for several years. How he cajoles the new Chief Secretary, Madhav Lal, remains to be seen. Months before Kapur’s retirement in February this year, Chairman Bhat wanted Additional Advocate General, Ali Mohammad Magray, to be appointed as PSC’s Standing Counsel. The proposal was botched up in the wake of stiff resistance from a couple of Members. With vengeance, Bhat mooted the proposal of delegating unto himself all administrative powers. To accomplish the mission, he mooted the proposal of designating the Secretary as “Secretary-cum-CEO”. As expected, the proposal was electrically cleared and pushed forward by both, Secretary of Law as well as Commissioner-Secretary GAD, besides then Chief Secretary. However, it did not find favour with majority of the Ministers when it came up for consideration in a Cabinet meeting in January. Ministers, critical of Bhat’s “corporate move”, warned that Secretary’s new designation and administrative powers would completely marginalize the Members who were, in no way, inferior to Chairman except for constitution of the interview boards, appointment of subject experts and power to a decisive vote in case of a tie. It is widely being pointed out that even the Commission’s website in the “Members Profile” link carries only the biodata of Secretary and two members---Roop Lal Bharti and Dr H L Goswami---both retiring later this month. There is no mention of others--S L Bhat, Manzoor Ahmed Bhat, Masood Samoon, Khizar Mohammad Wani and K B Jandial. News Details


5/3/2011 12:01:57 AM Syed Junaid Hashmi JAMMU, May 2: Contrary to the popular perception of interviews being inconsequential for qualifying J&K's high profile combined civil services (CCS) examination, interviews have played significant part in the selection of the candidates. Analysis of results declared by Jammu and Kashmir Public Service Commission (JKPSC) for the year 2009 reveal significance of 250 marks in the interviews. Two candidates namely Syed Yasir Farooq son of Syed Farooq Ahmed and Shadab Mukhdoomi daughter of Javaid Mukhdoomi have topped the interviews by securing 205 marks each out of 250 marks. Though Yasir has secured 1020 marks in the mains and with 205 marks in the interviews, he has jumped from bottom to top, securing 31 rank in KAS with 1225 marks. As per records available with Early Times, Shadab Mukhdoomi despite being meritorious in her overall career could secure just 952 marks in the mains but was awarded 205 marks in the interviews, thus taking her total score to 1157. Contrary to reports that Shadab's father and member of JKPSC Javed Mukhdoomi was part of the panel which interviewed Shadab, Early Times has records with it which suggest that Mukhdoomi was not in the state when the interviews were held. However, it has been reliably learnt that there was heated debate among the top officials over whether Mukhdoomi should be part of the interview panel or not since his daughter was among those who were to appear before the panel. Later, Mukhdoomi was made part of interview panel. Second rank in the interviews has been shared by 13 candidates which include Raies Ahmed Bhat son of Ghulam Rasool Bhat of Pulwama, Khursheed Ali Qadri son of Ali Mohammad Qadri, Tahleela Assmat daughter of Mohammed Altaf Hussain Rather, Shah Umar son of Qadeer Ahmad Shah, Deebah Khalid daughter of Peer Khalid Mehmood Peer, Rafia Hassan daughter of Ghulam Hassan Khaki, 1200314, Syed Yasir Qadri son of Syed Mohd Afzal Qadri, Nuzhat Khurshid Qurashi daughter of Khurshid Jan Qurashi, Zafirah Bashir daughter of Bashir Ahmed Khan, Arashdeep Singh son of Isher Singh, 0100862, Sahil Jandyal son of A K Gupta, Assabah-ul-Arjamand Khan daughter of Mohammad Shafi Khan and Manisha Koul daughter of Ramesh Koul. All these have been awarded 200 marks. Of these toppers as assessed by members and experts of PSC, Khursheed Ali Qadri son of Ali Mohammad Qadri was standing nowhere and would have gout ousted since he had secured 971 marks in the mains and required another 157 marks to make it to the final selection list. He got 200 marks and is now placed at 97th rank in the final selection list of KAS officers. Tahleela Assmat daughter of Mohammed Altaf Hussain Rather has been brought back from almost ouster from the final selection list to number 27 among those selected for Jammu and Kashmir Gazetted Accounts Service. She had a meager 941 in the mains and was awarded 200 for being what PSC says 'exceptionally brilliant in the interviews'. Shah Umar son of Qadeer Ahmad Shah has also exhibited extreme brilliance in the interviews where the panel gave him 200 marks required by him for qualification. He had secured just 945 marks in the mains, with 371 marks in Urdu subject which was Umar's one of the optional. He is now a KPS officer and stands at number 18 in the order of merit. Deebah Khalid daughter of Peer Khalid Mehmood Peer, another no 2 in the interviews had secured 996 marks in the mains. She is 66th among the KAS officers. An interesting and curious case is that of Roll no 1200314 who has secured 919 marks in the mains with 404 in Urdu subject and merely 189 in the general studies. He has missed the bus by just 9 runs (1119). A category would have ensured him a berth among newly selected elite of the state. However, that has not been the case and he is now among the disappointed lot.


Courtesy interview of the PSC, Syed Yasir Qadri son of Syed Mohammed Afzal Qadri is among the top three KPS officers of Jammu and Kashmir. He was also at the bottom with 993 marks and with 200 in the interviews; he is now a top raking police officer of the state. 0100862 is a Roll no since he has not made it to the final selection but has managed to secure 200 marks in the interviews. He was awarded 912 marks in the mains and with 200 in interviews; he missed the bus by just 16 marks. Zafirah Bashir daughter of Bashir Ahmed Khan would not have made it to the Jammu and Kashmir Accounts Service but for the 200 marks she was awarded in the interviews. She has secured 928 marks in the mains and is now 47th in the order of merit among the accounts officers of the state chosen by the expert panel of PSC members. She had barely managed to secure a berth for being called for the interviews. Assabah-ulArjamand Khan daughter of Mohammad Shafi Khan was placed among the candidates in the bottom after she secured 967 marks in the mains and is now a KAS officer at 103 number among the list of selected candidates. To be continued...... News Details

HC Judgment: Wrongs, if any done in KAS selection, can’t be used to justify illegality of VAS selection PSC’s KAS selection process too under the cloud 5/4/2011 12:15:16 AM Ahmed Ali Fayyaz SRINAGAR, May 3: Mr Justice Hakeem Imtiyaz Hussain’s judgment on setting aside Public Service Commission’s illegal selection of Veterinary Assistant Surgeons (VASs) is likely to have a potentially negative impact on the PSC’s recent selection of candidates for Jammu & Kashmir Administrative Service (KAS). Ironically the argument of clubbing of the posts of VASs in two different services of Animal Husbandry Department and Sheep Husbandry Department was projected in High Court by PSC itself with a reference to the Combined Services Examinations in the Administrative Services. As already reported in this newspaper, Mr Justice Hakeem Imtiyaz Hussain has summarily quashed entire selection of 55 VASs. After conducting the two selection processes almost simultaneously, PSC had issued notification of the final selection of 55 VASs on 07-02-2011 and 392 candidates for Jammu & Kashmir Combined Services, commonly known as KAS, on 17-02-2011. The aggrieved candidates filed a writ petition, SWP No: 310/2011, in J&K High Court and Mr Justice Hasnain Masoodi stayed the recruitment process at the entry level on 23-02-2011. Interestingly the judgment came on the World Veterinary Day on April 29th. The private respondents’ counsel, Mr Zaffar Ahmed Shah, and PSC’s attorney, advocate Azhar-ul-Amin (Additional Advocate General), offered arguments in favour of PSC’s act of clubbing 28 vacancies of Animal Husbandry Department and 27 vacancies of Sheep Husbandry Department. During the course of over two-month-long


proceedings, defending counsels asserted that there was nothing wrong in clubbing the vacancies when the prescribed qualifications were identical for both the services. They also argued that after utilizing the option of choosing either of the services and participating in the screening tests and the viva voce, the petitioners had no right to seek dismissal of the entire selection process. The petitioners’ counsel, advocate Altaf Hassan Naik, made a counter-argument that the vacancies of the two different departments could be clubbed in no circumstances until same was provided specifically in Jammu and Kashmir Public Service Commission (Business and Procedure) Rules, 1980. According to him, Animal Husbandry Gazetted Service and Sheep Husbandry Gazetted Service are two different services, having two separate recruit rules. Animal Husbandry Gazetted Service is governed by the Jammu & Kashmir Animal Husbandry (Gazetted) Service Recruitment Rules, 1988, which were made vide SRO-359 of 1988 and which came into force on 1-12-1988. On the other hand, Sheep Husbandry (Gazetted) Service is governed by the Jammu & Kashmir Sheep Husbandry (Gazetted) Service Recruitment Rules, 1980, which were made vide SRO-119 of 1987 and which came into force on 6-03-1987. “It was states by the respondents that there was no wrong in combining the vacancies from different services and the Commission has been doing so and has made various selections through this mode. Reference in this behalf has been made to the Combined Services Examinations in the Administrative Services”, Mr Justice Imtiyaz Hussain records in his judgment. Justice Hussain adds: “I do not find combining of vacancies from entirely different services can be allowed if there is no express provision in the rules notwithstanding the fact that qualification required for the posts is the same. If something wrong has been done, for which there is no provision in the rules, that cannot be used as an example to perpetuate an illegality. In any case, those cases are not before me and it is difficult for me to comment if there was violation of any rules regarding these selections. Respondents, however, cannot take advantage of any illegality, if there is any”. “Animal Husbandry Service and Veterinary Service are altogether different services with separate cadre strength and method of recruitment for various posts higher than the Assistant Surgeon. The services have got altogether different hierarchy and the very fact that different service recruitment rules have been framed for the two services would show that the two services cannot be mixed up together. Qualifications for the posts at the entry level are same. Technically that may be so but when the appointment is made, the candidate goes to entirely a different service and the two services do not have any connection at all. Keeping in view the different nature of job, even the experts for the interview should be different, having specialization in their respective field. Mixing up of selection processes cannot be allowed on the ground of convenience of the Selection Body”, Justice Hussain records.


“Selection for various posts under Combined Service Rules is entirely a different matter as there are specific rules for the same. Existence of separate rules for this purpose would itself show that vacancies from different services cannot be combined unless the rules contain a specific provision for the same. Since combination of vacancies has rendered the whole process of selection as bad in law, I find the whole process can be set aside on this ground alone and that there is no need to consider other grounds raised in the petition. In the circumstances, this petition is allowed and the process of selection conducted on Notice 4-6-2010 is set aside”, Justice Hussain records while ordering dismissal of PSC’s entire selection process. As detailed in a series or reports exclusively in Early Times, a large number of high merit candidates, including top positions holders and 41 toppers in the merit short list out of first 50, had been dropped by the PSC. While as only 9 candidates were selected from the 50 toppers, as many as 46 were picked up from Serial No 51 to Serial No: 210. Clubbing of the vacancies of two different departments facilitated the PSC selectors to invite as many as 210 candidates (1:7 formula) for the interview. Had the process be conducted, as now ordered by High Court, legally---separately for the two departments--- maximum of 105 candidates (1:7 formula) would have appeared in the interview. In that case, PSC selectors would have been left with no choice but to select only the high merit candidates from S No: 1 to S No: 105. This highly controversial process was conducted by the PSC members, Dr H L Goswami and Khizar Mohammad Wani, who were assisted by the subject expert, namely Dr Hafeez.

Regards: Reyaz Ahmed Butt Jamia Millia Islamia, New Delhi


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