The main legal point established is that the court will not interfere in cases where malpractices are found, and action should be taken against those responsible.

JUDGMENT :

Heard the parties.

2. Petitioner has approached this Court with a prayer for direction upon the respondents to consider the application of the petitioner for evaluating her answer sheets which is pending before the respondent Nos. 3 and 4 since 2006.

Further prayer has been made for considering the candidature of petitioner for appointment to civil services posts as the cut-off marks as per the JPSC was 884, whereas, the petitioner has secured 879 without re-evaluation of GS-II, depriving her legitimate rights to be appointed to the said post.

3. As per the factual matrix, the respondent-JPSC vide Advt. No. 11/2002-03 had published notification of 1st Civil Services Exam., 2003 for appointment to different Civil Posts and pursuant to which, the petitioner applied for the same and has been issued admit card bearing Roll No. 21802791. Thereafter, the petitioner appeared in the 1st Civil Services Mains Examination and declared successful in the same. After that, she faced the interview. It is the specific case of the petitioner that in the entire selection process, she has done exceptionally well and hence, she was under impression that her name will figure in the final merit list. However, when her name not appeared in the final merit list, she applied for re-evaluation of her answer-sheets, after depositing the requisite fee. Thereafter, she received her mark-sheet by which she got totally disturbed that she has obtained 66% marks in optional papers i.e. History & Zoology and 70% in General Studies-I, whereas, in G.S.-II, she has obtained 45% marks only. Hence, on 08.07.2006, she applied for re-totaling of the marks as she was hearing manipulation in the result by the respondent Nos. 3 and 4 all around. After filing of the representation, she had also sought information under RTI as to what action has been taken on her representation dated 08.07.2006. When no reply was received, the petitioner approached the 1st Appellate Authority and thereafter, before the State Information Commission for providing copy of the Paper-II of General Studies but the respondent-JPSC did not provide her the copy of said paper.

The petitioner left with no option, has approached this Court for redressal of her grievances.

4. Mr. Dilip Kumar Prasad, learned counsel appearing for the petitioner assiduously argues that though the petitioner has successfully competed in the recruitment process of 1st Civil Services Examination conducted by the respondent-JPSC but her right of appointment has been freezed by the respondents and sold in the open market. Learned counsel further argues that though the respondents are duty bound to re-total the marks obtained by the petitioner in G.S.-II paper but since manipulation has taken place in the recruitment process, the respondents had denied to re-total her marks of GS-II. Learned counsel further argues that the illegal act done by the respondents amounts to violation of Article 21 of the Constitution.

5. Per contra, counter-affidavit has been filed. Learned counsel appearing for the respondent-JPSC submits that written examination of 1st Combined Civil Services Mains Exam., 2003, was held from 23.06.2005 to 03.07.2005 and petitioner has not been recommended by the JPSC for appointment in view of the fact that she has secured less mark than the last recommended candidate in her category. Learned counsel further argues that on 14.06.2019, this Court after hearing counsel for the parties as well as CBI has been pleased to pass following order:-

“The contention of the learned counsel for the petitioner is that Question Nos. 5 & 6 has not been evaluated by the JPSC, whereas, learned counsel for the JPSC contend that there is manipulation in the answer sheets of the petitioner and extra copy has been tagged after the examination which is a matter of investigation. This Court fails to understand that when JPSC itself was custodian of the Answer sheets of all the candidates, how this manipulation took place.

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