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2018 Supreme(Jhk) 1005
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIRUDDHA BOSE, H.C MISHRA, JJ.
Jharkhand Staff Selection Commission, through its Secretary, Kali Nagar and Ors - Appellant
Versus
The State of Jharkhand and Ors - Respondent
L.P.A. No.610, 618 of 2017 With I.A. Nos. 9719, 9720, 9889, 9890 of 2017
Decided on : 12-10-2018
Advocate Appeared:
For the Appellants :Mr. Sanjay Piprawall, Advocate
For the Respondent:Mr. Manoj Tandon, Advocate Mr. Shiv Shankar Kumar, Advocate
The judgment emphasizes the need to remove inequality in public employment and provides for the condonation of minor discrepancies in the cases of candidates from socially disadvantaged groups.
Headnote:
Caste Certificates - Selection Process - Advertisement No. 12 of 2015 - Clauses 3 and 7 of the Advertisement - Acceptance of Caste Certificates - Delay in Submission - Residential Certificates - Acceptance of Caste Certificates and Declaration of Results - Judicial Pronouncements on Delayed Submission of Certificates - Discrepancies in the Cases of Candidates from Socially Disadvantaged Groups - Condonable Discrepancies
Fact of the Case:
The Jharkhand Staff Selection Commission appealed against a judgment in two writ petitions brought by Anil Tanti and Chandra Shekhar Kumar, who sought acceptance of their caste and residential certificates for the posts of Kakshpals (Wardens). The candidates were successful in the selection process but their results were not published due to the non-submission of proper caste certificates. The Commission argued that current caste certificates were necessary to ascertain if the candidates belonged to the Creamy Layer or not.
Finding of the Court:
The learned First Court held that the candidates' cases should be considered and directed the Commission to accept their caste certificates and declare the results accordingly. The Court emphasized the need to remove inequality in public employment and directed the Commission to publish the results within eight weeks of the order.
Issues: The main issue was the acceptance of caste and residential certificates for the selection process. The Court also considered the question of whether delayed submission of certificates should disqualify candidates from socially disadvantaged groups.
Ratio Decidendi: The Court relied on the principle of removing inequality in public employment and the need to provide equal opportunities to all sections of society. It considered judicial pronouncements that condoned minor discrepancies in the cases of candidates from socially disadvantaged groups.
Final Decision: The Court sustained the judgment of the learned First Court and dismissed the appeals, extending the time for compliance of the directions of the learned First Court.
1. Both the appeals are admitted condoning the delay in L.P.A. No. 610 of 2017.
2. The Jharkhand Staff Selection Commission is the appellant in both these appeals preferred against a common judgment delivered by the learned Single Judge in two writ petitions brought by Anil Tanti (AT) and Chandra Shekhar Kumar (CSK) questioning rejection of their candidature for the posts of Kakshpals (Wardens). The writ petitioners in substance sought acceptance of their caste and residential certificates, which the authorities did not accept, on the ground of having been submitted beyond the stipulated time. The writ petitioners also sought declaration of their results in the selection process undertaken by the appellant for the said posts. The learned First Court had allowed their writ petitions and directed declaration of their results accordingly. It was further directed in the judgment under appeal that if the writ petitioners came within the zone of consideration, their candidature ought to be accepted. L.P.A No. 610 of 2017 arises out of the judgment delivered in A.T’s writ petition, registered as W.P.(S) No. 1630 of 2017 whereas L.P.A. No. 618 of 2017 is the Commission’s appeal in respect of the judgment delivered in the writ petition filed by CSK. That writ petition was registered as W.P.(S) No. 1412 of 2017. As common question of law is involved in both the appeals arising out of the same judgment, we propose to deal with both the appeals in this judgment.
3. The selection process with which these appeals are concerned was initiated by Advertisement No. 12 of 2015 inviting applications from eligible candidates for the posts of “Kakshapals”. Clause- 12 of the advertisement specified that the details of information was given in the prospectus and the applicants were to thoroughly follow the prospectus published in the website. The selection norms carried the regular terms for reservation in respect of local residents and specified castes. The candidate in L.P.A. No. 610 of 2017, i.e. AT has been impleaded as respondent no. 4, whereas CSK, being the candidate in L.P.A. No. 618 of 2017 has been impleaded as respondent no. 3 in the two appeals. Both of them had applied as candidates from the EBC-I category. The two candidates were otherwise successful from the said category, but their results were not published as they could not submit the caste certificates as per specified norms at the time of verification of their testimonials. It has been argued by the appellant before us that so far as AT is concerned, he did not submit the residential certificate also.
4. In this case, there was no specific stipulation as regards cut-off date within which the caste certificates were to be submitted. It was also a condition that benefits of reservation were to be extended to local residents only. Clause 3 of the advertisement (Annexure-I to the memorandum of appeal in L.P.A. No. 610 of 2017) specified:-
**3- ijh{kk ds fy, vkosnu nsus ds iwoZ vH;FkhZ ;g lqfuf'pr gks ysa fd os foKkfir in dh ik=rk ds fo"k; ij izdkf'kr lHkh 'krksZa dks iwjk djrs gSaA ijh{kk esa cSBus dh vuqefr iw.kZr% vkSicfU/kd gksxhA ijh{kk ds fy, izos'k i= fuxZr gksuk izekf.kr ugha djrk gS fd vH;FkhZ foKkfir in ij fu;qfDr ds fy, p;u gsrq fu/kkZfjr ik=rk iwjh djrs gSa D;ksafd vk;ksx ijh{kk ds ckn viuh lqfo/kk ds vuqlkj fdlh Hkh le; vH;fFkZ;ksa dh ik=rk ls lEcfU/kr izek.k i=ksa dh tk¡p djsxkA izek.k i= tk¡p ds i'pkr vH;FkhZ dh ik=rk ds fcUnq ij vafre fu.kZ; gks ldsxkA fdlh Hkh le; ik=rk iwjh ugha djus okys vH;fFkZ;ksa dk vkosnu@vH;fFkZrk jn~n fd;k tk ldrk gSA**
“3. Before submitting application for the examination, candidates should ensure that they fulfill all the conditions published for eligibility of the advertised post. The permission for appearing in the examination shall be completely provisional. The issue of Admit Card for the examination does not mean that the candidate fulfill the prescribed criteria for selection for appointment against the advertised post as the Commissi
