R. Banumathi, C.J. - (1.)THESE appeals are preferred against the order dated 7.3.2013, passed in W.P. (S) No. 282/12 and the order dated 1.5.2013 passed in W.P. (S) No. 2727/12, whereby the writ court directed the Jharkhand Public Service Commission (JPSC) to make recommendation of the private respondents in the light of the letter issued by the Department of Home, Government of Jharkhand, vide memo No. 804 dated 16.02.2012. On the basis of the requisition made by the Department of Personnel and Administrative Reforms and Rajbhasa, for 173 posts of Deputy Collector in Jharkhand Administrative Service, and the Department of Home for 45 posts of Deputy Superintendent of Police, JPSC issued Advertisement No. 11/07 for the 3rd Combined Civil Service Examination. After issuance of the aforesaid Advertisement, the Department of Registration, Government of Jharkhand and the Department of Excise and Prohibition separately sent their requisition for recruitment of their Class -1 Officers -15 and 9 posts respectively, which were also included in the 3rd Combined Civil Services Examination to the effect and a press communiquà ((THELAW)) was issued. After completing the selection process, JPSC sent provisional recommendation of the successful candidates to the above said four Departments as under: - -
(2.)THE Department of Home, in its letter dated 20.01.2011, requested the Deptt. of P & AR to seek recommendation from JPSC from the existing merit list for appointment against six vacant posts of Deputy Superintendent of Police. The Deptt. of P & AR sent the letter dated 26.2.2011 to the Principal Secretary, Department of Home as well as Department of Excise and Prohibition requesting them to apprise about the posts which remained vacant after the recommendation being made by JPSC and if necessary, the same be sent with recommendation to the Deptt. of P & AR. The Department of Home, vide its letter dated 14.03.2011 (Annexure -7) informed the Deptt. of P & AR that out of 45 candidates, who were recommended by JPSC in the 3rd Combined Civil Services Examination for Police Service, six candidates have not joined the posts. In this regard, the Deptt. of P & AR, Government of Jharkhand, sent the letter dated 15.4.2011 (Annexure -8) to JPSC to do the needful.
In pursuance of the said letter, JPSC by its letter dated 7.7.2011 recommended the names of six candidates from the wait list including the names of the private respondents for appointment on the post of Deputy Superintendent of Police. The Department of Home, vide its letter dated 27.8.2011, asked JPSC that whether the commission had obtained no objection from the candidates placed above in the merit list. JPSC took notice of the same and vide letter dated 16.9.2011, requested the Deptt of P & AR to obtain preferences/no objection from 22 candidates who were placed above in the merit list as the six candidates were erroneously recommended without obtaining option from the candidates who were above those six candidates in the merit list for the State Police Service. The Home Department was asked to put on hold the recommendation in respect of the six candidates wrongly recommended.

(3.)THE Department of Home issued a Press communiquà ((THELAW)) on 8.10.2011 by which option/preference was invited from those 22 candidates who have already joined their services in pursuance of the recommendation made by JPSC. The Department of Home, vide letter No. 804 dated 16.02.2012 (Annexure -12), informed JPSC that for appointment in six vacant posts in Jharkhand Police Service, out of 22 candidates, 12 candidates have given option/preference for Jharkhand Police Service. In the said letter, Home Department asked JPSC to recommend names of five candidates, who were senior in the merit list and have already joined in the Administrative Service; while so stating, the Home Department cancelled the recommendation of the respondents and other candidates and asked JPSC to recommend them to some other department. In response to the Annexure -12, JPSC sent the amended recommendation, recommending the names of five candidates, who have already joined in administrative service but opted for police service, vide its letter dated 17.4.2012 (Annexure -13). Since there was no further request from the Deptt. of P & AR or Deptt. of Registration or Deptt. of Prohibition and Excise, JPSC could not recommend the names of the private respondents for appointment.