These writ petitions have been filed praying for setting aside the result of the 4th Combined Civil Services Examination 2012 held by the respondent no. 2 Jharkhand Public Service Commission alleging that huge irregularities have been committed in allotting marks at the various stages of the examination which has led to unjust appointment of the persons having scored lesser marks whereas candidates scoring higher marks have not been appointed. It has been alleged that adoption of the method of scaling for the purposes of evaluation of candidates is contrary to the judgment passed by Hon’ble the Supreme court in the case of Sanjay Singh and another versus U.P. Public Service Commission, Allahabad and another, reported in (2007) 3 SCC 720.

1. Learned senior counsel appearing for the petitioners submits as under:-

a. On 23.06.2009 and 24.06.2010 the Department of Personnel Administrative Reforms and Rajbhasa, State of Jharkhand sent requisition for starting selection process for appointment on the post of Jharkhand Administrative Service, Jharkhand Police Service, Jharkhand Information Service, Jharkhand Registration Service and Jharkhand Co-operative Service to Jharkhand Public Service Commission (hereinafter to be referred as J.P.S.C.).

b. Pursuant to the aforesaid requisition, on 01.07.2010, J.P.S.C. vide Advertisement No. 07/2010 advertised for J.P.S.C. 4th Combined Civil Services (Preliminary) Examination to be conducted in January, 2011.

By referring to this advertisement, learned counsel has submitted that this advertisement did not mention anything about method of scaling for the purposes of evaluation of answer sheets and awarding marks to the various candidates.

c. In January 2011, preliminary examination was conducted, result was announced on 23.08.2011 and the last date for filling form for main examination was till 29.02.2012.

d. On 24.08.2011 a press release was issued by the J.P.S.C. informing the minimum cut off marks and also indicating that scaling has been used as methodology for evaluating the answer sheet of the preliminary examination.

e. Objections were raised before the J.P.S.C. objecting to the scaling method having been adopted in the preliminary examination and a number of writ petitions being W.P. (C) No. 7692/2011, 7597/2011, 1069/2012 etc. were filed before this Court challenging the adoption of scaling method in the preliminary examination.

f. Another press release dated 22.09.2011 was issued by J.P.S.C. indicating that the Hon’ble Supreme Court had not struck down the scaling system in the judgment passed by the Hon’ble Supreme Court reported in (2007) 3 SCC 720 (Sanjay Singh and Another versus U.P. Public Service Commission Allahabad and Another).

g. On 18.11.2011 it was observed by J.P.S.C. that due to scaling formula some candidates are getting scaled marks higher than the maximum marks in some subjects and to address this issue an expert committee was constituted by the J.P.S.C. and the said expert committee recommended revised scaling formula.

h. Counsel submits that admittedly the scaling method which led to anomalies was adopted after preliminary examination and all these methods of scaling was being adopted and done in the midst of the examination process after the result of preliminary examination was published by J.P.S.C.

i. However, J.P.S.C. on 02.12.2011 published revised result of preliminary examination after applying the revised formula and 15 times the number of vacancies were called for the purposes of taking the main examination.

j. Counsel further submits that the petitioners in these writ petitions were ultimately selected in the preliminary examination and were entitled to appear for the main examination.

k. On 04.02.2012 J.P.S.C. issued a press notice for filling up of the application form for main examination indicting the last date for submission of form on 29.02.2012.

l.