J&K can continue recruitment using blacklisted Aptech, while court reconsiders plea against firm: HC

The J&K HC has listed a final decision on the plea against Aptech for April 5, even as aspirants and political parties continue to protest the use of the previously blacklisted firm

March 10, 2023 09:18 pm | Updated 09:18 pm IST - SRINAGAR

The Jammu and Kashmir High Court. Image for representational purpose only.

The Jammu and Kashmir High Court. Image for representational purpose only. | Photo Credit: PTI

The Jammu and Kashmir High Court on March 10 allowed the Union Territory’s administration to go ahead with its job selection process and directed a single bench to decide afresh a petition challenging its engagement of a previously blacklisted Mumbai-based company Aptech Limited to conduct recruitment exams.

The order came as the J&K Lieutenant Governor’s (L-G) administration faced growing protests from aspirants and political parties over Aptech’s engagement.

A double bench, comprising Judges M.A. Chowdhary and Tashi Rabstan, directed that the writ petition be restored to its original number and remitted back to the single judge bench, with a request to decide the matter afresh, while setting aside the earlier order and judgment in the case.

The court listed the case for April 5, 2023 “to finally decide the petition”, adding that, “Till then, the interim direction dated 09.12.2022 shall remain in force.”

Widespread protests

The fresh High Court directive came amid growing protests from aspirants against the engagement of Aptech Limited for the selection process that will be held from March 16 till April 5. For now, the company, which was blacklisted earlier in Uttar Pradesh, will be allowed to start the selection process.

A division bench, comprising Justice Sindhu Sharma and Justice Vinod Chatterji Koul, on December 9, 2022 had directed the J&K Service Selection Board (JKSSB) to proceed with the selection process for 65 junior engineer positions in the Jal Shakti Department and 1,200 posts of sub-inspectors for the Home Department. The court, however, directed that the results of the selection process shall await further orders.

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On December 8, 2022, a single bench of Justice Wasim Sadiq Nargal had directed the constitution of “a high-level committee headed by a retired High Court Judge to enquire into the conduct of JKSSB for their brazen irregularities and illegalities in changing the terms and conditions of the tender to hire the Aptech Limited.” Besides, the judge pointed out Aptech Limited’s various “malpractices and irregularities” and described it as a company previously blacklisted by the Uttar Pradesh Power Corporation Limited (UPPCL).

Credibility at stake

The L-G administration is facing a credibility crisis over the recruitments conducted in the past three years. At least four selection lists were scrapped following allegations of paper leaks and other irregularities. The Central Bureau of Investigation (CBI) has been asked to investigate several selection lists. 

The engagement of Aptech Limited had sparked a wave of protests in J&K over the past week. Hundreds of aspirants flooded social media platforms with posts against the decision. J&K’s political parties also asked the L-G administration to cancel Aptech’s contract and hire a new agency to conduct job selections.

‘Blacklisting over’

Meanwhile, JKSSB chairman Rajesh Sharma on Friday said that the blacklisting period of Aptech Limited was for three years only, adding that “the company’s period got over in May 2022”.

“The recruitment will be done in a free and fair manner. The agency is already conducting exams across the country and at the Centre. The present protests seem to be motivated to derail the functioning of the board. There are certain elements who are resorting to distortion and misinformation on the issue,” Mr. Sharma said.

He said that the JKSSB was aware of the aspirants’ concerns. “All efforts will be made to conduct exams in a fair, transparent and secure manner. Do not pay heed to rumour mongers and those with ulterior motives, who are only here to disrupt the processes,” he added.

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