IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Neeraj Nayan Choudhary, son of Raj Kishore Choudhary – Appellant
Versus
The State of Jharkhand through the Secretary – Respondent
W.P.(S) No.6558 of 2010, W.P.(S) No. 6423 of 2010
Decided on : 10-10-2022
Right to Information Act, 2005 - Constitution of India, 1950 - Article 226 - Jharkhand Police Manual - Rule 863 (kha) - Selection process - Fresh merit list - Prays that after quashing final result, a fresh merit list be directed to be prepared in accordance with Appendix-51 of Jharkhand Police Manual and also in accordance with advertisement - Held, Petitioners having participated in selection process cannot be permitted to challenge same after having failed, is concerned, such plea has no merits under facts and circumstances of this case - Petitioners have challenged manner of preparation of merit list by stating that same is contrary to Rule 863(Kha) read with Appendix 51 of Jharkhand Police Manual and contrary to advertisement also and rules of game have been altered after commencement of selection process and at time of preparation of final select list - Petitioners have taken steps to challenge select list at earliest possible opportunity and there has been no delay and laches on their part and they cannot be held responsible for fact that writ petitions remained pending before this court - As a cumulative effect of aforesaid findings, merit list so prepared, is set-aside and respondents are directed to prepare fresh merit list on basis of actual marks obtained in each of papers in written examination adding to marks obtained in typing test and proceed accordingly - Petitions disposed of.
JUDGMENT :
Heard Mr. Abhay Kumar Mishra, learned counsel appearing on behalf of the petitioners along with Mr. Arpan Mishra, Advocate and Ms. Sonal Jaiswal, Advocate.
2. Heard Mr. Rahul Saboo, learned counsel appearing on behalf of the respondent - State.
3. Heard Mr. Ajit Kumar, learned Senior counsel appearing on behalf of the private respondents along with Mr. Rajeev Ranjan Tiwary, and Mr. Ranjit Kumar Tiwari, Advocates in W.P.(S). No.6423 of 2010.
4. Heard Mr. Shiv Prasad, learned counsel appearing on behalf of private respondent nos.5 to 8, 10 to 12, 14, 15 and 17 to 23 in W.P.(S). No.6558 of 2010.
5. W.P.(S). No.6558 of 2010 has been filed for the following reliefs:
And/or
(b) The petitioner further prays for the issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of certiorari for quashing the merit list prepared by the Selection Committee which was supplied to the petitioner under Right to Information Act, whereby and whereunder the total marks as obtained by the petitioners in Hindi and General Knowledge has been reduced and also without any basis 100 marks has been added towards typing test, which is in complete violation of Appendix-51 of the Jharkhand Police Manual and also the same is in complete violation of the advertisement and rules prescribed in the selection process for appointment of Lower Division Clerk it has categorically been prescribed that the appointment process will be followed in terms of Appendix-51 of the Jharkhand Police Manual and the merit obtained in Hindi and General Knowledge and also after preparation of the merit list in terms of the marks obtained in Hindi and General Knowledge, if the candidate will qualify in typing test in terms of Appendix-51 of the Jharkhand Police Manual a final merit list will be prepared but in complete go-bye of the rules and regulations and in terms of the advertisement to favour the persons of their own choice, merit list has been prepared without following the aforesaid conditions.
And/Or
(c) The petitioners further prays that after quashing the aforesaid final result, a fresh merit list be directed to be prepared in accordance with Appendix-51 of the Jharkhand Police Manual and also in accordance with the advertisement and thereby as the petitioners have obtained more marks with respect to the last selected candidate in general category they may be appointed on the post of Lower Division Clerk.
And/or
(d)The petitioners further pray to declare the entire action of the respondents in adopting a shortcut method to give favour to the persons of their choice as it would apparent that to appoint the persons of their choice they have given 100 marks in typing test which is impossible and thereby the entire selection process to the effect with the respect to the preparation of merit list is wholly illegal and thus liable to be set aside.”
6. W.P.(S). No. 6423 of 2010 has been filed for the following reliefs:
Anil Kumar Vs. State of Jharkhand and Ors.
Anmol Kumar Tiwari and Ors. Vs. State of Jharkhand and Ors.
Bishnu Biswas and Ors. Vs Union of India and Ors.
Dalpat Abasaheb Solunke and Ors. Vs. Dr. B.S. Mahajan and Ors.
Mohd. Mustafa Vs. Union of India and Ors.
Pradeep Kumar Rai and Ors. Vs. Dinesh Kumar Pandey and Ors.
Ramjit Singh Kardam and Ors. Vs. Sanjeev Kumar and Ors.
Union of India and Ors. Vs. Kishorilal Bablani
Vikas Pratap Singh and Ors. Vs. State of Chhattisgarh and Ors.
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
Finding of the court : The appellant has thus rightly not challenged the selection procedure but has narrowed her claim to only against the respondents’ interpretation of ‘work experience’ as part of....
The court affirmed the authority to modify recruitment procedures under established rules, recognizing urgency and valid administrative discretion despite changes in selection criteria.
Post of Stenographer Grade – Selection Process - Where appointments made were found to be illegal later in an enquiry. While examining the rights of persons selected in such invalid process.
Glaring illegalities in the selection procedure can be challenged, and the Court has the authority to set aside the selection process and direct a restart in accordance with the applicable rules.
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