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2021 Supreme(Jhk) 160

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI, J.
Rahul Kumar S/o. Radheshyam Prasad & Ors. - Petitioners
Versus
The State of Jharkhand through its Chief Secretary, Government of Jharkhand & Ors. - Respondents
W.P. (S) No. 494 of 2020 With W.P.(S) No. 1408 of 2020 With W.P.(S) No. 1428 of 2020 With W.P.(S) No. 1449 of 2020 With W.P.(S) No. 1451 of 2020 With W.P.(S) No. 1468 of 2020 With W.P.(S) No. 1486 of 2020 With W.P.(S) No. 1487 of 2020 With W.P.(S) No. 1501 of 2020 With W.P.(S) No. 1533 of 2020 With W.P.(S) No. 1583 of 2020 With W.P.(S) No. 1613 of 2020 With W.P.(S) No. 1718 of 2020 With W.P.(S) No. 1827 of 2020 With W.P.(S) No. 1984 of 2020
Decided On : 07-06-2021

Advocates Appeared:
For the Petitioners:Mr. Ajit Kumar, Sr. Advocate, Mr. Vikash Kumar, Advocate, Mr. R.S. Mazumdar, Sr. Advocate, Mr. Manoj Tandon, Advocate, Mr. Shubhashis Rasik Soren, Advocate, Mr. Vinit Boris Ekka, Advocate, Mr. Rahul Kumar, Advocate, Ms. Apoorva Singh, Advocate, Mr. Amritansh Vats, Advocate, Mr. Sanjay Kumar Tiwari, Advocate.
For the State :Mr. Rajiv Ranjan, Advocate General, Mr. Mukesh Kumar Sinha, Sr. S.C.-I, Mr. Mohan Kumar Dubey, A.C. to A.G.
For the JPSC :Mr. Sanjay Piprawall, Advocate.
For the Respondent:Mr. Sumeet Gadodia, Advocate, Mrs. Shilpi Shandil, Advocate, Mr. Ritesh Kumar Gupta, Advocate, Mr. Indrajit Sinha, Advocate, Mr. Bibhash Sinha, Advocate, Mr. Hemant Kr. Shikarwar, Advocate, Mr. Vijay Kumar Roy, Advocate, Mr. Sushil Kumar Sharma, Advocate, Mr. Anil Kumar Sinha, Advocate, Mr. Mukesh Kumar Mehta, Advocate, Mr. Anuj Kumar Trivedi, Advocate, Mr. Jorong Jedan Sanga, Advocate.

Headnote:(A) Constitution of India - Article 14, 16, and 320 - Public Service Commission Examination - Writ petitions concerning the 6th Combined Civil Service Examination where the petitioners challenged the selection process and merit list on grounds of improper application of qualifying criteria and marks addiction - Paper-I deemed a qualifying paper; marks therein improperly included in merit determination. (Paras 52, 60, 64, 66, and 89)

(B) Jurisdiction of High Courts - High Courts must unwind illegal selections or deviations from prescribed eligibility criteria that breach Article 14 guarantees. (Paras 82 and 86)

Facts of the case:
Several writ petitions arose challenging the JPSC's examination process, where selected candidates were allegedly included despite discrepancies in qualifying criteria - Significant issues around the inclusion of marks from a qualifying paper were central.

Findings of Court:
The marks of qualifying Paper-I cannot be counted for merit list determination; fresh merit list must be created based on lawful criteria.

Issues: Whether the JPSC's alterations in examination criteria were legally permissible and related to the validity of candidates' selections.

Ratio Decidendi: Merit lists unjustly composed without considering minimum qualifying marks per subject contravene established legal standards and principles of fair public service recruitment process.

Result: Original merit list quashed and JPSC directed to issue a revised merit list in accordance with legal findings.

JUDGMENT :

1. Heard Mr. Ajit Kumar, Mr. R.S. Mazumdar, learned Senior counsels for the petitioners, Mr. Manoj Tandon, Mr. Shubhasis Rasik Soren, Mr. Vikash Kumar, Mr. Vinit Boris Ekka, Mr. Sanjay Kumar Tiwari, Mr. Rahul Kumar, Ms. Apoorva Singh and Mr. Amritansh Vats, learned counsel appearing for the petitioners, Mr. Rajiv Ranjan, learned Advocate General assisted by Mr. Mohan Kumar Dubey and Mr. Mukesh Kumar Sinha, learned counsels for the respondent-State, Mr. Sanjay Piprawall, learned counsel for the respondent-Jharkhand Public Service Commission and Mr. Sumeet Gadodia, Mrs. Shilpi Shandil, Mr. Ritesh Kumar Gupta, Mr. Indrajit Sinha, Mr. Bibhash Sinha, Mr. Hemant Kumar Shikarwar, Mr. Vijay Kumar Roy, Mr. Sushil Kumar Sharma, Mr. Anil Kumar Sinha, Mr. Mukesh Kumar Mehta, Mr. Anuj Kumar Trivedi and Mr. Jorong Jedan Sanga, learned counsel for the private respondents.

2. These writ petition have 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 these matters have been heard on merit.

3. In all these writ petitions, the disputes arising out of 6th Combined Civil service Examination, 2016 floated by the Jharkhand Public Service Commission (hereinafter referred to as the JPSC) are the subject matter and with the consent of the parties, all these writ petitions have been heard together as common question of facts and laws are involved in these writ petitions.

4. In these writ petitions, four points have been raised and that is why the Court decided to bifurcate these writ petitions in four groups. In the first group, W.P.(S) No. 494 of 2020 comes in which the petitioners have challenged resolution no. 5562 dated 19.04.2017. In the second group, W.P.(S) No.1408 of 2020 and W.P.(S) No. 1501 of 2020 are coming in which the prayer is made for consideration on the ground that the petitioners belonging to unreserved category, who have secured more than 600 marks but they have not been selected. The further prayer is made in these two writ petitions that qualifying Paper-I marks have been added while preparing the merit list. In the third group, W.P.(S) No.1487 of 2020, W.P.(S) No.1984 of 2020, W.P.(S) No.1486 of 2020, W.P.(S) No.1451 of 2020, W.P.(S) No.1449 of 2020 and W.P.(S) No.1428 of 2020 are coming in which the prayer is made to consider the candidature in their respective reserved category i.e. Scheduled Caste, Scheduled Tribe, Backward Class-I and Backward Class-II respectively and to allocate Jharkhand Administrative Service to the petitioners. In the 4th group, W.P.(S) No.1533 of 2020, W.P.(S) No.1583 of 2020, W.P.(S) No.1468 of 2020, W.P.(S) No. 1827 of 2020, W.P.(S) No.1718 of 2020 and W.P.(S) No.1613 of 2020 are coming in which the prayer is made for quashing the result dated 21.04.2020 of 6th Combined Civil Service Examination, 2016 published by the JPSC and also the recommendation made by the JPSC to the State Government on the point of addition of minimum qualifying marks taken together in each paper, which is illegal. The prayer is also made for declaration that addition of two qualifying papers i.e. Paper-I and Paper-II in preparing merit list is illegal and the marks of the qualifying paper cannot be added in total marks.

5. The Court decided to bifurcate these writ petitions in the above manner. Accordingly, firstly group-I i.e. W.P.(S) No.494 of 2020 is being taken up for consideration in light of the arguments advanced by the learned counsel appearing for the parties.

W.P. (S) No. 494 of 2020

6. The facts of W.P.(S) No.494 of 2020 are quoted herein below:

The prayer in this writ is made for quashing the resolution no.5562 dated 19.04.2017. The prayer is also made to cancel the Mains examination held from 28.01.2019 to 01.02

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