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IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Swapnil Mayuresh & Ors. - Petitioners
Versus
Jharkhand Public Service Commission, through its Secretary & Ors. - Respondents
W.P.(S) Nos. 1413, 1516, 1517 of 2021
Decided On : 04-03-2022
JUDICIAL REVIEW - APPOINTMENT - Jharkhand Public Service Commission - Rules 2014 and 2019 - Associate Membership from the Institute of Town Planners (ITPI) - Rules 4.2 and 4.3 - Extension of date for submission of documents - Judicial review sought by unsuccessful candidates - Dismissal of writ petitions
Fact of the Case:
The Jharkhand Public Service Commission issued a Press Release for the appointment of Assistant Town Planner. The candidates were required to have Associate Membership from the Institute of Town Planners (ITPI) by the cut-off date of 10.08.2020. The Commission extended the date for submission of documents due to the COVID-19 pandemic. After the selection process, unsuccessful candidates challenged the results, alleging undue favor to successful candidates who obtained ITPI membership after the cut-off date.
Finding of the Court:
The court found that the petitioners participated in the selection process without challenging the advertisement or the selection process. The Commission extended the date for submission of documents due to the pandemic, and the candidates submitted their testimonials accordingly. The court held that the petitioners, having participated in the process, were precluded from challenging the results. The court also noted that no weightage was given to ITPI membership, and the extension of the date was for all candidates. The court dismissed the writ petitions, finding no illegality, arbitrariness, or discrimination in the selection process.
Issues: Judicial review sought by unsuccessful candidates challenging the results of the selection process due to the extension of the date for submission of documents and alleged undue favor to successful candidates who obtained ITPI membership after the cut-off date.
Ratio Decidendi: Candidates who participate in the selection process without challenging the process are precluded from challenging the results. The extension of the date for submission of documents, due to the pandemic, was for all candidates and did not give undue favor to any specific candidate. No weightage was given to ITPI membership, and the selection process was not found to be illegal, arbitrary, or discriminatory.
Final Decision: The court dismissed the writ petitions, finding no illegality, arbitrariness, or discrimination in the selection process.
JUDGMENT :
S.N. Pathak, J.
The issues involved in all the writ petitions are same, similar and identical and as such they have been tagged and heard together on various dates and are being disposed of by this common order.
PRAYER
2. The writ petitioners in all these writ petitions are mainly aggrieved by the result dated 18.03.2021 (Annexure-8), published by the Jharkhand Public Service Commission and uploaded on the website on 18.03.2021 and have prayed for quashing the same which is related to those candidates who were not having Associate Membership from the Institute of Town Planners (ITPI) on the date of publication of Advertisement No 04/2020 hence were ineligible for the appointment on the post of Assistant Town Planner under the Urban Development and Housing Department but they have been declared successful. Petitioners have further prayed for a direction upon the respondents to issue the modified results after considering candidature of only those candidates who were duly qualified having the Associate Membership from ITPI prior to cut-off date and also to issue appointment letter in favour of the petitioners
FACTS OF THE CASE
3. According to petitioners, pursuant to the requisition sent by the Urban Development Department for direct appointment of the Assistant Town Planner, the Jharkhand Public Service Commission issued a Press Release on 14.07.2020 on its Website intimating the candidates about appointment to the said post. As per Advertisement, the Compulsory Educational Qualification was Graduate in Architecture, Bachelor of Planning, Civil Engineering and Post Graduate in Master of Planning with specialization in either of (i) Urban (ii) Transport (iii) Housing (iv) Environmental (v) Regional Planning and Associate Member from the Institute of Town Planners (India). The date to fill up the Online Application was from 15.07.2020 to 10.08.2020. As per Condition No.11(b) of the advertisement, the candidature of the candidate was to be ascertained as per the information given by the candidate. Further the Condition no. 11(n) stated that for the purpose of verification of documents for appearing in interview the required certificates of the claims made in the online application were to be submitted. The Condition no. 11(m) stated that if it was found that a wrong information was given by the candidate in the application, the Commission was at liberty to cancel candidature of such candidates.
4. Subsequently the J.P.S.C. issued a Press Release on 26.08.2020 asking the candidates whose application was provisionally accepted, to submit their certificates as per their claims made in the online application in accordance with the condition 11(n) stipulated in the Advertisement from 27.08.2020 to 08.09.2020. Through this Press Release, the list of candidates whose online applications were accepted or rejected, has also been mentioned.
5. It is case of the petitioners that they being qualified and eligible in all respects as per the Advertisement, applied online for the Post in question, sent the requisite certificates as was demanded within the time prescribed. The interviews of the candidates were conducted from 06.01.2021 to 08.01.2021 and a startling result was published on 18.03.2021. The results indicated that the Jharkhand Public Service Commission had allowed to appear in interview even those candidates who were not having the Associate Membership from the ITPI on the cut of date i.e. on 10.08.2020 as the said Institute in its meeting held on 22.08.2020, gave Associate Membership to a number of persons including the private respondents.
6. During pendency of the writ petitions, an information vide Letter No.958 dated 06.09.2021 was issued by the Public Information Officer (Annexure R/7) that a Scrutiny Committee was constituted by the Commission to verify certificates and documents of the candidates. Upon verification, the Scrutiny Committee submitted its Report as (i) May be accepted (130 candidates) (ii) Doubtful cases
Candidates who participate in the selection process without challenging the process are precluded from challenging the results.
The main legal point established in the judgment is the requirement for a fair and reasonable process of selection, the segregation of wrongdoers from innocent candidates, and the constitutional duty....
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
Selection process in public service must adhere to merit and judicial directives; prior selections can be revisited without breaching natural justice if candidates prove higher qualifications.
Public Service Commission - Civil service Examination - Public Service Commission have no power to relax the recruitment norms - Public Service Commission have no power to relax the recruitment norms
No additions/change being permitted.
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