Recruitment clauses mandating 100% reservation based on local residency in Scheduled Districts violate constitutional provisions, necessitating revision of merit list to ensure equitable opportunity for all qualified candidates.

JUDGMENT :

DEEPAK ROSHAN, J.

Heard learned counsel for the parties.

2. The instant writ petition has been preferred by the Petitioners for following reliefs:-

(i) For issuance of an appropriate writ for quashing the Merit List published on 15/10/2018 pursuant to Advertisement No. 3/2017 on the basis of which the Respondents have made appointments for the post of Revenue Clerks in all the Districts.

(ii) A further Writ/order/direction be issued commanding upon the Respondents to revise the Merit List on the basis of uniform cutoff marks for all the districts

(iii) Upon preparation of such revised list if the petitioners are found eligible, their name should be recommended and considered for appointment to the post of Revenue Clerk.

(iv) In the Alternative, consider the name of Petitioners against the vacant seats for the post of revenue clerk that have remained vacant after the issuance of merit list published on 15/10/2018 pursuant to Advertisement No. 3/2017.

3. The brief facts of the case are that an Advertisement bearing No. 03/2017 was published by the Jharkhand Staff Selection Commission (in short JSSC) for the posts of Amin, Revenue Clerk/Revenue Sub Inspector, Junior Division Clerk, Junior Field Investigator and Clerk/Ganak in the Department of Revenue, Registration and Land Reforms in the State of Jharkhand. The total vacancy for the post of Revenue Clerk/Revenue Sub Inspector was 557 posts.

Clause-3(ii) of the Advertisement provides that in 13 Scheduled Districts of the State namely Ranchi, Khunti, Lohardaga, Gumla, Simdega, Latehar, East Singhbhum, West Singhbum, Saraikella-Kharsawan, Sahebganj, Dumka, Pakur and Jamtara, the local residents of the concerned districts only shall be eligible for submitting the application for the posts Amin and Revenue Sub-Inspector in view the Notification No. 5938 dated 14.07.2016 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand.

Clause 15 of the Advertisement provides that there should be publication of the common merit list in their respective categories in terms of the marks obtained in Paper-2 and Paper-3 in terms of Clause 13.5 of the Advertisement.

4. The Petitioners had applied on the posts of Revenue Clerk/Revenue Sub Inspector, Junior Field Investigator and Ganak by indicating the posts of Revenue Clerk/Revenue Sub Inspector as a first preference. The Petitioners had applied in the open Districts consisting of Hazaribag, Palamau, Garhwa, Giridih, Chatra, Ramgarh, Koderma, Godda, Dhanbad, Deoghar and Bokaro. The Petitioner had also given the district-wise preference.

The Petitioners appeared in the examination and the result of the examination was declared and the Petitioners were found to be qualified. The Petitioners were called for the verification of the certificates in between 02.05.2018 to 05.05.2018. The Petitioners submitted their respective certificates. The final merit list was published on 08.11.2018 and the JSSC published different cut-off marks for different districts within the State of Jharkhand for the same posts for which the Petitioners had appeare