A state authority's arbitrary decision that undermines the principle of fairness and non-arbitrariness in the marking process can be set aside.

JUDGMENT :

ANANDA SEN, J

By way of filing these writ petitions, the petitioners have sought for following reliefs:-

W.P.(S) No.4928 of 2021

(i) To quash and set aside the order communicated by Memo No.02/Pari.- JPSC/11/2018-2084 dated 23.9.2020 (Annexure-6) issued under the pen and signature of Examination of Controller, Jharkhand Public Service Commission (respondent no.3), whereby and whereunder, a decision has been taken to allot one marks in total 27 questions in General Studies paper to all the candidates irrespective of the fact whether such questions have been answered or not, in respect of Advertisement No.05/2005 for appointment on the post of Deputy Collector through limited competitive examination.

(ii) During pendency of the writ petition, the operation, implementation and execution of the reasoned order contained in Memo No.2084 dated 23.9.2020 (Annexure-6), and/or to direct the respondents, in particular respondent nos. 2 and 3 not to publish the result inconsonance with the impugned reasoned order dated 23.9.2020.”

W.P.(S) No.3513 of 2023

(i) To quash and set aside the reasoned order contained in Memo No. 2080 dated 23.09.2020 (Annexure-5) whereby one marks has been allotted to each candidate of 27 questions and as such prejudice has been caused to the petitioner.

(ii) To quash and set aside the Press Release dated 14.01.2023 for publishing Provisional Result of 1^st Deputy Collector (Limited) Examination, 2006, in respect of Adv. No.05/2005 (Annexure-6) issued under the pen and signature of Controller of Examination, Jharkhand Public Service Commission whereby and where under 50 candidates have been selected for appointment on the post of Deputy Collector through limited competitive examination on the basis of illegal and unjustified allotment of one marks in total 27 repeated questions in General Studies Paper to all candidates irrespective of the fact whether such questions have been answered or not and the same decision taken by the JPSC respondent has already been challenged before this Hon’ble High Court vide W.P.(S) No.4928 of 2021 which is still pending.

(iii) To quash and set aside the Press Release dated 24.01.2023 for publishing the date of counselling of such 50 selected candidates on 25.01.2023 for verifications of their certificates etc issued by the special Executive Officer, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand (Annexure-9) in a very haste manner to give undue and illegal advantage to such candidates.

(iv) To quash and set aside the Notification No.01- 01/2023 Pers.1496 dated 13.03.2023 issued by the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand (Annexure-15) whereby and where under 45 successful candidates out of 50 selected candidates have been provisionally appointed and posted at Sri Krishna Public Administrative Training Institute, Ranchi on the post of probationary Deputy Collectors for getting institutional training with effect from their date joining.

(v) Issue a writ of mandamus or any other appropriate writ or order or direction to respondents to bring on record of this Hon’ble Court all answer sheets of both papers-1 & 2 of successful candidates and these petitioners for its comparative verification by the Hon’ble Court or be directed to make a judicial enquiry or by an independent agency CBI to enquire into matter because there is every possibility of illegal gratification in the selection process because result has been published after a lapse of m