D.N. Patel, J. - (1.) COUNSEL for the petitioner submitted that the petitioner had applied for the post of Medical Officer in pursuance of the public advertisement dated 10th November, 2010, which is at Annexure -1 to the memo of the present petition. The petitioner is Bachelor in Medicine and Bachelor in Surgery (hereinafter referred to as 'MBBS' for the sake of brevity). The petitioner is a Scheduled Caste Category candidate. It has been further submitted by the counsel for the petitioner that these facts have been highlighted in paragraph nos. -7, 8, 9 and 10 to the memo of the present petition substantiated by necessary evidences and these facts have not been controverted in the counter affidavit filed by the respondents neither by the State nor by the Jharkhand Public Service Commission. The petitioner has secured 226 marks out of total 400 marks. Looking to the public advertisement, which is at Annexure -1, there are total 218 posts of Medical Officer advertised out of which 22 posts are reserved for Scheduled Caste Category candidates. Counsel for the petitioner further submitted that the petitioner in his application has also annexed the caste certificate and residential certificate, which are at Annexures -2 and 3, respectively. Counsel for the petitioner further pointed out that looking to Annexure -4, which is an Admit Card issued by the Jharkhand Public Service Commission for appearing in the examination, the said Admit Card contains the photograph of the petitioner, the name of the petitioner, the roll number of the petitioner and the category namely, Scheduled Caste. Thus, the petitioner belongs to Scheduled Caste Category and even the address of the petitioner is also reflected from Annexure -4. It is further submitted by the counsel for the petitioner that the petitioner is a highly meritorious candidate and therefore, he has secured much more marks whereby, the petitioner can even compete with General Category candidates. Petitioner's result has been published, as per Annexure -S, in General Category candidate (the roll number of the present petitioner is 94000603, which is reflected at internal page -22 of the memo of the present petition). It is further submitted by the counsel for the petitioner that there were six candidates, who were called for oral interview, who belong to Reserved Category namely, Scheduled Caste Category candidates. Looking to this result published by the Jharkhand Public Service Commission at Annexure -5 at internal page -24, it has been mentioned that Reserved Category candidates (Scheduled Caste), who have secured 25 % marks and above are invited to appear at the interview. The written test taken was of total 400 marks and the petitioner has secured 199 marks. Thus, the petitioner has secured more than 25% of the total marks in the written examination and therefore, he ought to have been called for oral interview in Reserved Category i.e. Scheduled Caste Category candidates, but, instead of doing this, the result of the petitioner has been published illegally under the Unreserved Category.
(2.) IT is further submitted by the counsel for the petitioner that only six candidates, who are Scheduled Caste Category candidates, were called for oral interview. The petitioner's roll number is not covered in this category, which are published at internal page No. 24, for Scheduled Caste Category candidates. This is also an error on the part of the respondents. It is further submitted by the counsel for the petitioner that Annexure -6 is a final result published by the Jharkhand Public Service Commission after appreciating marks obtained in the written test as well as after obtaining marks in the oral interview. Thus, the final select list is published at Annexure -6 and under the selected Scheduled Caste Category candidates, there are as many as 20 candidates, who have been found successful. This is also an error on the part of the respondents because looking to page No. 24, which is a result of the written examination and only six candidates were called for interview, who are Scheduled Caste Category candidates and the final result published at page 15 which speaks that 20 Scheduled Caste Category candidates are successful. This is an error apparent on the face of the record. Counsel for the petitioner submitted that there are overlapping errors committed by the respondents. It is submitted by the counsel for the petitioner that the petitioner has obtained 27 marks in the viva voce test out of total 40 marks. Thus, the petitioner has secured 226 marks out of total 440 marks. The total marks obtained by the petitioner is much higher marks than the lastly selected candidates in the General Category.
(3.) COUNSEL for the petitioner further submitted that the Jharkhand Public Service Commission has insisted for Local Residential Certificate (for employment). Such type of demand is illegal, arbitrary, capricious and whimsical. The Jharkhand Public Service Commission has no such authority in the eye of law to demand Local Residential Certificate. Once the petitioner is a Scheduled Caste Category candidate looking to Annexure -2 and Annexure -3, it is enough and sufficient. No other requirement is required for getting or for claiming benefits of Reserved Category under Scheduled Caste Category. The Jharkhand Public Service Commission is unnecessarily relying upon some Circular issued by the State of Jharkhand bearing No. 4156 dated 17th July, 2002 (Annexure -8 to the supplementary rejoinder affidavit, filed by the petitioner). It is stated by the counsel for the petitioner that this Circular bearing No. 4156 dated 17th July, 2002 is altogether for a different context. The Circular talks about local resident and the manner in which the Local Residential certificate can be issued. There is no reservation for the local resident for the post in question. The Circular which has been relied upon by the Jharkhand Public Service Commission has no causal connection with the claim of the petitioner namely, reservation as Scheduled Caste Category candidate.;