ORDER :

1. With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

I.A. No. 2677 of 2021

2. The instant Interlocutory Application has been filed for amendment in the prayer portion of the writ petition by making addition in the last portion of prayer no. 1(a) to the effect “in the vacant seats that have arisen on account of non-joining of the selected candidates.”

3. Heard learned counsel for the parties.

4. Learned counsel for the applicant-writ petitioner has submitted that prayer of the petitioner stands on the sole footing that final appointment has not been made on all the vacancies that were notified in the advertisement, as such case of the petitioner may be considered for appointment on the said post, but inadvertently the petitioner missed to pray for her recommendation on these vacant seats. It has further been submitted that the amendment sought for is necessary for proper adjudication of the matter. Hence, prayer has been made to allow the amendment petition.

5. Learned counsel for the respondents did not raise serious objection to such prayer.

6. Having heard learned counsel for the parties, we are of the view that amendment sought for by way of addition in the prayer portion of writ petition is formal in nature, which will not change the nature and character of the writ petition. Therefore, the amendment sought for by the petitioner for addition in the prayer portion of the writ petition is allowed.

7. Due to Covid-19 Protocol, since there is less movement of the counsel in the Registry of the Court, as such Office is directed to carry out necessary amendment in the prayer portion of the writ petition, as mentioned in paragraph 3 of the Interlocutory Application.

8. Accordingly, I.A. No. 2677 of 2021 stands allowed.

W.P. (S) No. 297 of 2021

9. The instant writ petition has been filed under Article 226 of the Constitution of India seeking following reliefs:

(a) For issuance of an appropriate writs, orders or directions or a writ, particularly in the nature of mandamus, commanding upon the Respondents for recommendation for appointment of the Petitioner as Civil Judge (Junior Division) in the vacant seats that have arisen on account of non-joining of the selected candidates.

(b) For issuance of any appropriate writs, orders or directions or a writ, particularly in the nature of mandamus, commanding upon the Respondents for the preparation of waiting list in the examination of Civil Judge (Junior Division).

(c) For issuance of a show cause or for any writs, orders or directions that under what circumstances the Petitioner was not appointed at the post of Civil Judge (Junior Division), despite the existing vacant seats.

10. The brief facts of the case, as per the pleadings made in the writ petition, which are required to be enumerated herein, are as under:

The writ petitioner had applied for consideration of her candidature to be appointed as Civil Judge (Junior Division) in pursuance to advertisement issued by Jharkhand Public Service Commission (hereinafter referred to as “JPSC”) being Advertisement No. 12/2018 published on 24.11.2018 on the official website of JPSC. Subsequently, the writ petitioner appeared for Preliminary Entrance Test (PT) and was shortlisted to appear in the Main Examination. She secured 221 marks in the Mains Examination (Written Examination) and was declared qualified to appear for the Viva-Voce Test/Interview in which she appeared, however, in the final list published on 11.02.2020, her name was not recommended for appointment to the post of Civil Judge (Junior Division).

The JPSC after declaration of result has uploaded the marks of all the candidates along with cut off marks for each category on the official website on 20.03.2020, in which, it was shown that the writ petitioner has scored 263.33 marks as against total cut off of 263.33 marks for the unreserved category, but the candidature of the w