JAHANZEB KHIZER versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY
Within 40 minutes after qualifying the written examination, applicants who competed for the position of Assistant Conservator Forest (B17) and Range Officer (B16) in the section 44 writ petition civil service appointments. 6km was required to qualify for the race, but they completed the race in 45 7, 47 45 & 44 55 minutes respectively and the Public Service Commission refused to call them for an interview. That was done by them for more than 40 minutes and can be forgiven, depending on his spirit. The syllabus and the circumstances of this case because the word `6km ago was used, it cannot be said that the candidates were obliged to complete the exact 6km within 40 minutes, as the applicants' time exceeded the prescribed 40. Until the minute, this could not be interpreted as it would have the effect of modifying the curriculum as applicants completed a race that took longer than prescription 40 minutes of turmoil, even adopting a liberal view. However, this deficiency could not be termed as acceptable, though in the circumstances the petitioners could not be declared successful. Otherwise, eliminating the race from the curriculum would not serve any purpose because if a good order was approved by the Prime Minister. Minister, this will work from a future date and applicants could not benefit from the disappointment.
