Budh Deo Oraon vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Jhk) 793

R.K.MERATHIA, D.N.UPADHYAY
Budh Deo Oraon – Appellant
Versus
State of Jharkhand – Respondent

Advocates Appeared:
For the Petitioner: Mr.Rajeev Kumar, Mr.Pandey Ashok Nath Roy, Mr. Satya Prakash Sinha,
For the State : JC to S.C. 1
For Accountant General : Mr.Suresh Kumar
For the Respondents: Mr.Abhay Kumar Mishra, Mr. Manoj Kumar Choubey
For the Appellant : Mr. R.R.Mishra, G.P. II in LPA No. 254/2011
For Respondent no. 1:Mr. S. Srivastava, Advocate
For Satish Kumar Singh & Others :Mr. S.N. Prasad, Advocate
For Vikash Kumar Pandey :Mr. Delip Jerath, Advocate
For Successful candidates :Mr. S Mitra Mrs. Nivedita Kundu, Advocates.
For the Appellants: JC to G.P. 1 in LPA No. 247/2011
For the Respondents:Mr. Basant Kumar Chaudhary, Sr. Advocate Mr. Rakesh Kumar Singh, Advocate Mr. Rajendra Krishna, Advocate
For the Appellant : JC to S.C. II in LPA No. 323/2011
For the Respondents:Mr. Anup Kumar Mr. Rajendra Krishna Mr.Rakesh Kumar Singh, Advocates

JUDGMENT

R.K. Merathia, J,

All these cases were taken up and were heard together at length. In Public Interest Litigation (W.P. (PIL) No. 3594 of 2011) several selection processes held by the Jharkhand Public Service Commission ( JPSC for short) have been challenged, including the 2nd selection process pursuant to the Combined Civil Services Examination, whereas in the Letters Patent Appeals (LPAs) only the 2nd selection process of Combined Civil Services Examination pursuant to the Advertisement No. 07 of 2005 is involved. Though the facts and the main questions involved in PIL and LPAs are common, but for the sake of clarity and convenience the PIL and LPA will be dealt with separately.

Relevant facts common to PIL and LPAs.

2. Several complaints were received by the State Government alleging mal-practices, favoritism, interpolation and manipulation done in the several selection processes held by the JPSC.

3. Sometimes in July, 2008, during Hon’ble Governor’s Rule, recommendations were made for enquiring into the matter. The matter remained pending for more than a year.

4. A letter dated 30.11.2009 was written by the Secretary to the Chairman, JPSC that while taking over charge, he

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2012 Supreme(Jhk) 793

R.K.MERATHIA, D.N.UPADHYAYBudh Deo Oraon – AppellantVersusState of Jharkhand – Respondent

R.K.MERATHIA, D.N.UPADHYAY
Budh Deo Oraon – Appellant
Versus
State of Jharkhand – Respondent