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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAVI RANJAN, SUJIT NARAYAN PRASAD, JJ
Shishir Tigga, S/o Sri Punwa Oraon – Appellant
Versus
The State of Jharkhand & Ors. - Respondent
L.P.A No. 201, 203, 204, 207 of 2021
Decided on : 23-02-2022
Constitution of India, 1950 - Article 226, 14 and 16 - Bihar Civil Services (Executive Branch) and Bihar Junior Civil Services (Recruitment) Rules, 1951 - Rule 16(b), (a), 17(i), 15 - Whether candidates have secured minimum qualifying marks in each compulsory subjects in Main Examination or not - Whether marks obtained in Paper-I were to be added in total marks - Whether Clause 13 of advertisement refers to minimum qualifying marks in each paper or in aggregate of all papers - Whether JPSC has committed error in adding marks obtained in Paper-I of Main Examination in merit list, which has been stipulated to be only qualifying in nature - Whether merit list prepared by JPSC based upon ‘aggregate qualifying marks’ of all subjects or ‘minimum qualifying marks’ in each of subjects, is considered to be correct - Whether stand which has been taken by JPSC as also State before Court of law based upon which order has been passed in Joy Guria or contrary view taken while preparing merit list of successful candidate in 6th Combined Civil Service Competitive Examination conducted by JPSC is considered to be correct - Whether minimum cut-off marks in written examination be relaxed from 40% to 33% - Whether Court should interfere on ground that as a person who has obtained highest marks – Held, issue no. (ii) and (iii) are answered to effect that ‘minimum qualifying marks’ in each subject [Main Examination] is correct interpretation; and stand which has been taken by JPSC as also State before Court of law based upon which order has been passed in Joy Guria is correct approach, so far minimum qualifying marks in each subject is concerned - Learned Single Judge has come to rightful conclusion by declaring merit list nullity for reason that Paper–I which is qualifying in nature in which only 30 marks is required to be obtained itself suggest that marks obtained in said subject is not to be added in preparation of merit list and further for reason that syllabus of paper-I is of Matriculation standard - Selectors appointed by Commission or its Chairman and members are formulate to take recourse of favoritism showing favour to any candidate as an irrelevant established consideration to be contrary to constitutional norms of quality envisaged under Article 14 and 16 of Constitution of India and, as such according to Court considered view also based upon discussions made herein above interference shown by learned Single Judge in impugned merit list cannot be said to suffer from an error - This Court, based upon discussions made herein above as also for reasons aforesaid, is of view that no interference is required in order passed by learned Single Judge - Appeals dismissed.
JUDGMENT :
Sujit Narayan Prasad, J.
With the consent of the parties, hearing of the matters has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.
2. These appeals were tagged together for its analogous hearing as per the prayer made on behalf of learned counsel for the parties since the issues involved in these appeals are identical and against the common judgment passed by learned Single Judge, as such the same were heard together and are being disposed of by this common order. These intra-court appeals under Clause 10 of Letters Patent are preferred against the common order/judgment dated 07.06.2021 passed by learned Single Judge in W.P. (S) No. 1533 of 2020 [W.P. (S) No. 494 of 2020 and batch matters], whereby and whereunder writ petitions have been allowed with following directions:
(ii). Consequently, the appointments made without following the procedure held to be nullity.
(iii). The JPSC is directed to prepare a fresh merit list with reference to marks in written test and interview without adding the marks of Paper-I in the merit list considering minimum qualifying marks in each paper and thereafter finalize the selection in accordance with law, within a period of eight weeks from the date of receipt/production of a copy of this order and recommend the same to the State of Jharkhand within four weeks thereafter and in furtherance, the competent authority of the State of Jharkhand is directed to issue appointment letter in favour of the successful candidates based upon the fresh merit list forthwith. (Emphasis supplied)
3. The brief facts of the case, as per the pleadings made in the writ petition, which are required to be enumerated herein for proper adjudication of the lis, are as under:
The Jharkhand Public Service Commission (in short ‘JPSC’) has been conducting competitive examination for Combined Civil Services for the State of Jharkhand and the issues involved in these appeals pertain to 6th JPSC Combined Civil Services Examination-2016.
In the year 2012, the State had constituted an Expert Committee under the chairmanship of Sri V.S. Dubey, former Chief Secretary, Jharkhand with other members for giving their recommendation on revision of examination pattern of Combined Civil Services Examination which submitted its report on 02.04.2013.
The said report was considered by the JPSC and unanimously recommended for its acceptance with the stipulations as narrated in the minutes of the meeting of the JPSC dated 02.04.2013, which reads as under:
1). 100 marks Language paper of Mains be of qualifying nature only in which a candidate shall secure minimum 30 marks out of Combined Hindi & English (10th Standard) paper of 100 marks.
2). The Revised Examination Pattern Syllabus shall be effective from the 6th Combined Civil Services Examination only so that candidates get clear 15 months to prepare as per the revised pattern and syllabus. The next 5th Combined Civil Services Examination will be on the existing [Mains] syllabus.
3). Before issuing the notification of revised syllabus Jharkhand Public Service Commission shall get the syllabus of 9 Regional Languages and Hindi, Urdu, Sanskrit, Oriya, Bangla and English Language & Literature finalized by Expert Committee as suggested by V.S. Dubey Committee in its final meeting in which the Expert Committee report was adopted.” Emphasis supplied.
The State Government accepted the res
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