DEEPAK GUPTA,J. - (1.) This application is for recall of order dated 05.08.2019 wherein in respect of Case No. 10/2011 relating to the 1st Combined Civil Services Examination conducted by Jharkhand Public Service Commission (JPSC), the following observation has been made: "Two cases being, Case Nos. 23 of 2010 and 10 of 2011, relating to 2nd Combined Civil Services Examination and 1st Combined Civil Services Examination respectively are stated to be still under investigation."
(2.) The applicants who seek recall of this order are the candidates who were successful in the 1st Combined Civil Services Examination. The short background of the case is that the JPSC conducted the 1st Combined Civil Services Examination pursuant to advertisement issued in the year 2002-03. The applicants before us were successful in the said examination and appointed by JPSC in the month of July, 2006. It appears that no challenge was made to their selection at that stage. In the meanwhile, the 2nd Combined Civil Services Examination was also conduced by the JPSC and the successful candidates joined in the year 2008. A challenge was made to the second selection process whereby the candidates were selected for the second examination and it was alleged that there were large scale mal-practices in selection of those involved in the second process and accordingly Vigilance Case No. 23/2010 was registered. Thereafter, a PIL (bearing WP (PIL) No. 3594/2011) was filed by one Shri Budh Deo Oraon. In this PIL, the candidates who were selected in the first selection were not made parties. However, the allegations were made that the first selection was also tainted and therefore the CBI should investigate in respect of both the selections. Pursuant thereto, the FIR was registered even with regard to first selection on 26.04.2011 as Case Crime No. 10/2011 on 14.06.2012.
(3.) It appears that in the meantime the State had terminated the services of 19 selected candidates from the second examination. The affected candidates moved the High Court and the High Court set aside the order of the State on 28.06.2011. This order of the Single Judge was challenged in LPA No. 254/2011. The LPA and PIL were heard together. In this LPA, on 14.06.2012, an order was passed that both the FIRs be investigated by the CBI. It was further directed that monitoring would be done by the High Court and stay was granted for re-instatement of those 19 candidates whose termination had been set aside by the Single Judge. The High Court not only set aside the order of the Single Judge with regard to re-instatement of 19 candidates but went on to hold that all the candidates in 2nd Combined Civil Services Examination selected pursuant to Advertisement No. 7 of 2005 would not be allowed to work and draw their salary till further orders of the High Court. This order was challenged before this Court.;