IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Pranav Kumar Roy – Appellant
Versus
The State of Jharkhand through the Chief Secretary – Respondent
W.P.(S) No. 1186, 1214 of 2021
Decided on : 07-04-2021
Constitution of India, 1950 – Article 14, 309 – Rajasthan Medical Services (Collegiate Branch) Rules, 1962 – Jharkhand Combined Civil Services Examination Rules, 2021 – Equality before Law – Cancellation of said Advertisement – Jharkhand Public Service Commission floated an Advertisement – Held, Court have also perused judgment of Hon’ble Supreme court rendered in case of (supra), relevant paragraphs of which are quoted as under – Legal principles which govern determination of a cut-off date are well settled – Power to fix a cut-off date or age limit is incidental to the regulatory control which an authority exercises over the selection process – Certain degree of arbitrariness may appear on face of any cut-off or age limit which is prescribed, since a candidate on wrong side of line may stand excluded as a consequence – Writ petitions dismissed.
JUDGMENT :
Since the common issues are involved in these writ petitions and as such, these are taken up together and disposed of by this common order.
2. In the both the writ petitions, the petitioners have approached this Court with the following prayers:
b. For quashing the resolution contained in Memo No. 805 dated 05.02.2021 (Annexure-6), whereby and whereunder the Respondents have most arbitrarily prescribed 01.08.2016 as the cut-off date for counting the upper age limit of the candidates who were supposed to be applicants as against the Advertisement No.01/2020 for 2017, 2018 and 2019 CCS examinations in which the said cut-off date was fixed as 01.08.2011.
c. For showing cause the respondents as to how and under what circumstances the Jharkhand Combined Civil Services Examination Rules, 2021 (Annexure-5) can be made applicable to the vacancies of the year, 2017, 2018 and 2019 and for the examinations to be held for the said years particularly when the advertisement No. 01/2020 for that purpose was also published.
d. For commanding the respondents to show cause as to why and under what circumstances the Advertisement No. 01/2020, which was issued for conducting the Combined Civil Services Competitive Examination for the year, 2017, 2018, and 2019, wherein the cut-off date for counting the maximum age/upper age limit was fixed as 01.08.2011, has been withdrawn/recalled to replace it with another Advertisement No.01/2021 for the same years i.e., 2017, 2018, 2019 and one added year i.e. 2020 with a new condition for fixing the cut-off date for counting the maximum age/upper age limit as 01.08.2016, which is thoroughly illegal, arbitrary, irrational and having no nexus with any positive object to be achieved and further considering the fact that the respondents did not conduct the examinations on annual basis i.e. in the year, 2017, 2018 and 2019 for which the petitioners cannot be faulted in any manner.
e. For directing the respondents to produce before this Hon’ble Court the entire file pertaining to the decision making process with respect to the recall/withdrawal of the Advertisement No.01/2020 and also pertaining to the issuance of Advertisement No.01/2021 with the fixation of the new cut-off dates which cannot in any manner be held to be justified because the respondents cannot be allowed to sustain change in policy in such a quick consequence unless they establish a positive reason and legitimate object sought to be achieved by bringing about such variance which is to a serious detriment of the petitioners and many other similarly situated candidates, who had every legitimate expectations to participate at the Combined Civil Service Competitive Examination of the State which is going to be held after a gap of about five years from the last examination.
f. For directing the respondents either to not club the examinations of the years, 2017, 2018 and 2019 with the current year examinations (2020) and prescribe the cut-off date accordingly for both the examinations separately or, alternative prescribe the cut-off date in such a manner so as to fulfill the legitimate expectations of the candidates who remained waiting for non-conducting of the examinations for no fault of them.
3. The short facts lying in narrow compass is that the Jharkhand Public Service Commission floated an Advertisement being Advertisement No.01/2020, invited applications for appointment on various posts with respect to the Combined Civil Services Vacancies of the year, 2017, 2018 and 2019 in different departments of the State Government, wherein under Clause-4 the cut-off date for calculation of upper age limit of a candidate of Combined Civil
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