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2019 Supreme(Jhk) 259

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIRUDDHA BOSE, B.B. MANGALMURTI, JJ.
Rohan Thakur S/o Dhaneshwar Thakur – Petitioner
Versus
The State of Jharkhand through its Chief Secretary – Respondent
W.P. (S) No. 1921 of 2018
Decided On : 18-05-2019

Advocates Appeared:
For the Petitioners: Mr. Ajay Kumar, Mr. Ashish Verma, Ms. Anuradha Sahay.
For the Respondents: Mr. Sharad Kaushal, Mr. Anil Kumar, Ms. Chandana Kumari, Mr. Sanjay Piprawall.

Headnote:Jharkhand Judicial Service (Rules), 2004 – Rule 16(D) – Constitution of India – Article 226 – Prayer is for quashing Rule 16(d) of Jharkhand Judicial Service (Recruitment) Rules, 2004 prescribing for fixation of a minimum qualifying marks in interview and declare same as illegal, arbitrary and unconstitutional being in teeth of Shetty Commission recommendation – Requirement of submission/uploading of caste certificate issued till last date of submission of online application form and keeping original copy of caste certificate to be produced by concerned candidate at the time of interview during course of verification of testimonials was specifically mentioned in advertisement – Petitioner did submit scanned copy of certificate but same was found not proper and his candidature was treated to be from unreserved category while results of main examination were processed – In this situation, prayer of petitioner could not be allowed at belated stage as process for filling of post of Advertisement was over and subsequent to this advertisement, another Advertisement was issued and petitioner had appeared for interview and process of appointment in that advertisement have completed by now – Rejection of petitioner from list of successful candidates upheld. (Paras 7 and 8)

JUDGMENT :

B.B. MANGALMURTI, J.

1. Instant writ application has been filed for issuance of an appropriate writ/order or direction commanding upon the respondent-Jharkhand Public Service Commission to constitute an Interview Board for conducting interview of the petitioner under C.C.T.V. camera maintaining transparency as well as the issuance of writ of mandamus directing the respondents to appoint the petitioner as Civil Judge (Junior Division), a special case if the petitioner is finally selected after viva-voce test. The alternative prayer is for issuance of quashing of Advertisement No. 10/2015 (Annexure-2) issued by Jharkhand Public Service Commission for appointment of 46 Civil Judge (Junior Division) as well as for quashing the Clause No. 13 of the said advertisement on the ground that the same is illegal, arbitrary and unconstitutional and contrary to law settled with regard to allocation of percentage of marks to the interview in case of competitive examination involving candidates where nil experience is made eligible by rules. Further prayer is for quashing the Rule 16(d) of Jharkhand Judicial Service (Recruitment) Rules, 2004 prescribing for fixation of a minimum qualifying marks in the interview and declare the same as illegal, arbitrary and unconstitutional being in the teeth of the Shetty Commission recommendation which has been one of the basis behind legislation of the Jharkhand Judicial Service (Recruitment), Rules, 2004 and to issue appropriate writ/order/direction upon the Jharkhand Public Service Commission to upload and publish on official website the results declared by it of Preliminary, Mains and interview of all competitive examinations held by it along with details of Roll number, name and category of all the candidates who participated in such examinations along with marks obtained by them.

2. The short fact of the case is that Jharkhand Public Service Commission advertised total vacancy of Civil Judge (Junior Division) giving details of vacancy category wise 23 posts as Unreserved, 05 posts for Scheduled Caste, 12 posts for Backward Class-I and 01 post for Backward Class-II and invited application through Advertisement No. 10 of 2015 from persons having degree of law and enrolled as an Advocate under Advocate Act, 1961 having age between age group of 22-35 years as on 31.01.2005. Petitioner fulfilling all requirements as per the advertisement, applied for the post and was allowed to appear in the preliminary test. Being successful, provisional admit card for appearing in the main examination was issued. After declaration of result of main examination, petitioner did not find his Roll number in the list of successful candidates and then he tried to obtain information from the officials of Jharkhand Public Service Commission to know about the cut-off marks of BC-I candidate who were called for interview and also to know marks obtained by the petitioner. As the petitioner could not get the information, he filed an application under R.T.I. Act and thereafter Jharkhand Public Service Commission supplied incomplete information at the appellate stage by which he could knew that although the petitioner has obtained total 183 marks in the main examination and the cut-off marks was for the BC-I candidate was 178 but his name was in the list of successful candidate. Then the petitioner represented his case to the Chairman of Jharkhand Public Service Commission requesting him to look into his case and do justice but no reply was received.

Petitioner passed his L.L.B. examination on 09.10.2013 and got himself enrolled as an Advocate vide Enrolment No. JH 76 of 2014 and also got certificate of practice from Bar Council of India dated 25.10.2014 and he started practicing in Jharkhand High Court as well as in Civil Court, Ranchi.

Jharkhand Public Service Commission, Ranchi advertised online Advertisement No. 10 of 2015 for appointment to the post of 46 Civil Judge (Junior Division) on 25.08.2018 and this petitioner appl








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