ORDER :

1. This case is taken up through video conferencing.

2. The present writ petition has been preferred for quashing/setting aside the remarks “incomplete/incorrect filling of the relevant circles of the booklet series/roll number in Paper-I/Paper-II” which has been mentioned in the result of the petitioners dated 14.08.2020, published on the website of Jharkhand Public Service Commission (in short ‘JPSC’) for Combined Assistant Engineer Preliminary Test (PT) Examination pursuant to the Advertisement No.05/2019. Further prayer has been made for issuance of direction upon the respondents to call for the original copy of OMR answer sheets of the petitioners in respect of the said examination of Paper-II. The petitioner has also prayed for issuance of direction upon the respondent authorities to evaluate the OMR answer sheets of the petitioners in respect of the said examination of Paper-II and revise their results and further to declare them successful, if they have got more marks than the last selected candidate.

3. The learned counsel for the petitioners submits that the respondent-Jharkhand Public Service Commission published an advertisement vide Advertisement No.05/2019 inviting online applications for recruitment of Combined Assistant Engineer. The petitioners applied for the post of Assistant Mechanical/Civil Engineer and appeared in the Combined Assistant Engineer PT examination which was held on 19.01.2020. It is further submitted that the result of the said examination was uploaded on the Website of the JPSC on 14.08.2020, however, the petitioners were not declared successful by putting remarks “Incomplete/Incorrect filling of the relevant circle of booklet series/roll number in Paper-I/Paper-II.” It is submitted that the petitioners have secured more marks than the last selected candidates in their respective categories and trades/branches in PT examination, as would be evident from the answer sheet published by the respondent-JPSC. It is further submitted that JPSC has violated the essential provisions i.e. Clause-2(vii) of the resolution, as contained in memo no.3143 dated 13.04.2016 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, regarding supply of carbon copy of OMR answer sheets to the examinees after completion of PT Examination. The concerned respondent did not appreciate the aforesaid provision contained in the resolution dated 13.04.2016 and did not supply the carbon copy of OMR answer sheet to the petitioners, which is illegal, arbitrary and discriminatory. It is also submitted that due to the illegal action of the respondent-JPSC, the petitioners have been deprived of getting selected in the PT examination. It is a settled principle of law that meritorious candidates should not miss out an opportunity of earning their livelihood merely because of some inadvertent mistakes occurred due to examination stress. It is submitted that availing equal opportunity to complete in the selection process for public employment is a fundamental right enshrined under Articles 14 and 16 of the Constitution of India. No impediment which is merely technical in nature should be allowed to play a substantive role resulting in denial of such right.

4. The learned counsel for the respondent-JPSC submits that all the petitioners committed mistake in filling the OMR sheets and on the said score alone, they are not entitled for any relief under the writ jurisdiction. OMR answer sheets are electronically processed and any mistake in filling the same leads to cancellation of the candidature of the examinee. It is further submitted that the aforesaid resolution dated 13.04.2016 was issued for the combined civil services competitive examination and the same is not applicable to the case of the petitioners. Moreover, the challenge to the selection process cannot be made by unsuccessful candidates.

5. Heard the learned counsel for the parties and perused the materials available on reco