Petitioner in this writ application has prayed for the following reliefs: -

(i) For a direction to the Respondent Public Service Commission (hereinafter referred to as ‘JPSC’) to rectify the mistake in calculation of marks of the petitioner in the academics and for a follow up direction to recalculate the aggregate of the petitioner in the JPSC selection for appointment as Lecturer pursuant to advertisement no. 1/2007 and accordingly direct the Respondent JPSC to revise the merit position of the petitioner.

(ii) For a direction to the Respondent JPSC to produce the evaluation sheet of the interview held on 26.6.2007 to ascertain the actual marks obtained by the petitioner in interview.

(iii) For a further direction to the Respondents to consider the case of the petitioner for appointment as lecturer English on the basis of corrected merit position i.e. on the basis of rectification in the calculation of the marks of the petitioner in the selection process.

(iv) For a follow up direction to the Respondents to consider the case of petitioner for appointment against the vacancies occurring during the currency of panel i.e. up to 15.1.2009.

(v) For a direction to the Respondents to consider the case of the petitioner for appointment against the post lying vacant on account of either non joining or non recommendation.

2. Heard the learned counsel for the petitioner and the learned counsel for the Respondents.

3. The challenge in this writ application is to the refusal of the Respondent-

J.P.S.C. to recommend the petitioner’s candidature for her appointment to the post of Lecturer and the refusal of the Respondent to fill up the vacancies in the posts from the wait list.

4. The impugned decision of the Respondent-J.P.S.C. has been assailed on the ground of arbitrariness, mala fides and of adopting illegal selection process.

5. Facts of the case are as follows:

After about six years of the creation of the State of Jharkhand, and pursuant to a direction issued by this Court in W.P. (S) No. 1059 of 2006, steps were initiated by the Respondents for identifying and filling up the vacancies in the various teaching faculties existing in the Constituent Colleges of the Universities within the State. Each of the Universities had identified the existing vacancies and had intimated the State Government accordingly. Since the selection was to be conducted by the J.P.S.C. under the provisions of the Jharkhand State Universities Act, the J.P.S.C. was entrusted with the task of selecting the suitable candidates.

The J.P.S.C. thereafter initiated the process of selection by publishing an Advertisement No. 1 of 2004 on 30.01.2007, inviting applications from eligible candidates, for appointment against the posts advertised. The Advertisement contained the conditions relating to the eligibility criteria, the vacancy position of teaching faculty in the various Universities, the number of vacancies to be filled up under the Reserved categories etc.

In response to the Advertisement, the petitioner submitted her application duly filled up enclosing all the relevant documents, for her appointment in the faculty of English and supplied the informations as required under the Advertisement.

The selection process fixed by the J.P.S.C. was by way of conducting interviews of the candidates. It was communicated to the candidates that out of total 100 marks, 60 marks would be allotted for academic performance and 40 marks for the Interview.

The petitioner had appeared at the Interview. After concluding the interviews of the candidates, the J.P.S.C. published a select list of candidates on 15.01.2008, for their appointment to the post of lecturers under the various Universities under the State. The petitioner’s name did not appear in the select list.

She sought information under the Right to Information Act, on 29.01.2008, of the marks obtained by her, and also the comparative marks of the other applicants and their position in the merit list.

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