JUDGMENT :

1. Heard Mr. Saurabh Shekhar, learned counsel for the petitioners, Mr. Rajiv Ranjan, learned Advocate General assisted by Mr. Mohan Kumar Dubey, learned counsels for the respondent-State and Mr. Sanjay Piprawall, learned counsel for the respondent-Jharkhand Public Service Commission.

2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit.

3. The petitioners have preferred this writ petition for quashing the Advertisement No.05/2019, contained in Annexure-4 of the writ petition so far as it relates to the appointments to be made on the post of Assistant Engineer (Civil), limited to the extent of retrospective applicability of 10% reservation for Economically Weaker Section (for the sake of brevity herein after to be referred to as “EWS”) reservation. The prayer is also made for quashing of the decision to conduct single selection process on the vacancies of the year 2013 and 2015 respectively. The further prayer is made for conducting selection process on the vacancies arrived in the year 2013, 2015 & 2019 separately and independently.

4. The fact leading for filing of this writ petition is that the department for the first time earmarked vacancies to be filled up for the post of Assistant Engineer (Civil) in the year 2013 and pursuant to this the advertisement was published numbered as Advertisement No.06 of 2015 for the selection process by respondent no.7. The petitioners applied to participate in the selection process for their direct recruitment on the post of Assistant Engineer. The number of unreserved posts advertised was 105 vacancies. There was no EWS reservation of 10% quota applicable at that point of time. The cut-off date for age eligibility was specified to be 01.08.2013 and it was also specified that the age of eligibility to participate will be 21 to 35. The selection process was started, but not concluded in conducting selection tests. In the very same Advertisement No. 06 of 2015, the departments' earmarked vacancies to be filled up for the post of Assistant Engineer (Civil) in the year 2015 was published. The petitioners eligible on all counts, applied to participate in the selection process for their direct recruitment on the post of Assistant Engineer. The number of unreserved posts advertised was 93 vacancies (only for Road Construction Department). There was no EWS reservation of 10% quota applicable at that point of time. The cut-off date for age eligibility was specified to be 01.08.2015 and further it was disclosed that the age eligibility to participate will be 21 to 35 years. Though the selection process was initiated, but the same was not concluded by way of selection test. No selection test was conducted pursuant to above two advertisements. The Government of India vide office memorandum dated 31.01.2019 published its decision, whereby, 10% reservation for EWS in direct recruitment in civil posts and services in Government of India was notified. The State of Jharkhand introduced the reservation quota of 10% for EWS in the civil posts and services of the Government of Jharkhand. The amendment in the reservation rules of 2001, were brought in effect to the extent of increasing the percentage of reservation to 60%. This decision was published vide Government notification dated 25.02.2019, superseded vide another Government notification dated 08.07.2019. The provisions of the notification clarify that the effect in applicability of the notifications will be post facto and not retrospective. The respondents further published Advertisement No.05 of 2019 to make appointment on the post of Assistant Engineer (Civil). The earlier advertisements were not completed and they have been superseded by the current advertisement, which contains merged vaca