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IN THE HIGH COURT OF JHARKHAND AT RANCHI
R. BANUMATHI & P.P. BHATT, JJ.
Jharkhand Public Service Commission – Appellant
Versus
State of Jharkhand & Others – Respondents
L.P.A. No. 165 & 184 of 2013
Decided On : 9.7.2014
JPSC - Appointment of Candidates - 3rd Combined Civil Service Examination - 2008 - [Article 14, Allocation and disposal of Business of the State of Jharkhand] - The court discussed the arbitrariness of the Press Communiqué issued by the Home department calling for preference/option from other candidates, the authority of the Home Department to direct JPSC for making recommendation to other departments, and the right of the private respondents to be appointed from the waiting list. The court held that the Home Department had the authority to seek option/preference from candidates higher in the merit list and that the private respondents did not have an indefeasible right to appointment. The court also emphasized that the State is not obliged to fill up all vacancies and that the non-filling up of vacancies was not vitiated by arbitrariness.
Fact of the Case:
The case involved appeals against the order directing the Jharkhand Public Service Commission (JPSC) to make recommendations for the appointment of private respondents in the 3rd Combined Civil Service Examination.
Finding of the Court:
The court found that the Home Department had the authority to seek option/preference from candidates higher in the merit list and that the private respondents did not have an indefeasible right to appointment. The court also emphasized that the State is not obliged to fill up all vacancies and that the non-filling up of vacancies was not vitiated by arbitrariness.
Issues: The issues included the arbitrariness of the Press Communiqué, the authority of the Home Department to direct JPSC for making recommendation to other departments, and the right of the private respondents to be appointed from the waiting list.
Ratio Decidendi: The court held that the Home Department had the authority to seek option/preference from candidates higher in the merit list and that the private respondents did not have an indefeasible right to appointment. The court also emphasized that the State is not obliged to fill up all vacancies and that the non-filling up of vacancies was not vitiated by arbitrariness.
Final Decision: The orders directing the Jharkhand Public Service Commission to make recommendations for the appointment of private respondents were set aside, and the appeals were allowed.
R. BANUMATHI, J.
1. These appeals are preferred against the order dated 7.3.2013, passed in W.P. (S) No. 282 of 2012 and the order dated 1.5.2013 passed in W.P. (S) No. 2727 of 2012, whereby the writ court directed the Jharkhand Public Service Commission (JPSC) to make recommendation of the private respondents in the light of the letter issued by the Department of Home, Government of Jharkhand, vide memo no. 804 dated 16.02.2012.
2. On the basis of the requisition made by the Department of Personnel and Administrative Reforms and Rajbhasa, for 173 posts of Deputy Collector in Jharkhand Administrative Service, and the Department of Home for 45 posts of Deputy Superintendent of Police, JPSC issued Advertisement No. 11/07 for the 3rd Combined Civil Service Examination. After issuance of the aforesaid Advertisement, the Department of Registration, Government of Jharkhand and the Department of Excise and Prohibition separately sent their requisition for recruitment of their Class-1 Officers-15 and 9 posts respectively, which were also included in the 3rd Combined Civil Services Examination to the effect and a press communique was issued. After completing the selection process, JPSC sent provisional recommendation of the successful candidates to the above said four Departments as under:-
| S. No. | Category | Administrative Service | Police Service | Registration Service | Excise Service |
| 1. | Unreserved | 87 | 28 | 08 | 05 |
| 2. | O.B.C. | 24 | 00 | 04 | 01 |
| 3. | S.T. | 45 | 12 | 01 | 02 |
| 4. | S.C. | 17 | 05 | 02 | 01 |
|
| Total | 173 | 45 | 15 | 09 |
3. The Department of Home, in its letter dated 20.01.2011, requested the Deptt. of P & AR to seek recommendation from JPSC from the existing merit list for appointment against six vacant posts of Deputy Superintendent of Police. The Deptt. of P & AR sent the letter dated 26.2.2011 to the Principal Secretary, Department of Home as well as Department of Excise and Prohibition requesting them to apprise about the posts which remained vacant after the recommendation being made by JPSC and if necessary, the same be sent with recommendation to the Deptt. of P & AR. The Department of Home, vide its letter dated 14.03.2011 (Annexure-7) informed the Deptt. of P & AR that out of 45 candidates, who were recommended by JPSC in the 3rd Combined Civil Services Examination for Police Service, six candidates have not joined the posts. In this regard, the Deptt. of P & AR, Government of Jharkhand, sent the letter dated 15.4.2011 (Annexure-8) to JPSC to do the needful.
4. In pursuance of the said letter, JPSC by its letter dated 7.7.2011 recommended the names of six candidates from the wait list including the names of the private respondents for appointment on the post of Deputy Superintendent of Police. The Department of Home, vide its letter dated 27.8.2011, asked JPSC that whether the commission had obtained no objection from the candidates placed above in the merit list. JPSC took notice of the same and vide letter dated 16.9.2011, requested the Deptt of P & AR to obtain preferences/no objection from 22 candidates who were placed above in the merit list as the six candidates were erroneously recommended without obtaining option from the candidates who were above those six candidates in the merit list for the State Police Service. The Home Department was asked to put on hold the recommendation in respect of the six candidates wrongly recommended.
5. The Department of Home issued a Press Communiqué on 8.10.2011 by which option/preference was invited from those 22 candidates who have already joined their services in pursuance of the recommendation made by JPSC. The Department of Home, vide letter no. 804 dated 16.02.2012 (Annexure-12), informed JPSC that for
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