- (1.) LEARNED counsel for the petitioner submitted that the petitioner has applied for the post of Jan Sewak, in pursuance of the public advertisement dated 21st October, 2011. The said advertisement is at Annexure1 to the memo of the petition. The petitioner has applied for the District Dumka, for which, the total vacancy for the post, in question, is 104, out of which, 38 posts are for General category candidates, 34 posts are for Scheduled Caste category candidates and 4 posts are for Scheduled Tribe category candidates. These facts are reflected in the public advertisement. Thereafter, the petitioner appeared in the examination and cleared the same. The result is annexed at Annexure3 to the memo of the petition. The petitioner is at Serial No. 8 in the Select List of candidates for Scheduled Caste category. The petitioner belongs to the Scheduled Caste category.
(2.) IT is further submitted by learned counsel for the petitioner that the petitioner was surprised when the Deputy Commissioner, Dumka has also published a result (Annexure4 to the memo of the petition), which is running counter to the result already published at Annexure3 to the memo of the petition. Annexure3 result is published on the website i.e. www.sameti.org. It is also submitted by learned counsel for the petitioner that Annexure4 result published by the Deputy Commissioner, Dumka is absolutely running counter to the public advertisement. 34 posts of Jan Sewak, out of total 104 posts, were reserved for Scheduled Caste category candidates, whereas, in the result published by the Deputy Commissioner, Dumka, only 5 candidates of the Scheduled Caste category have been selected and name of 1 candidate has been mentioned in the waiting list, which is an error apparent on the face of the record. Learned counsel for the petitioner has also submitted that there is one more error in the result published at Annexure4 by the Deputy Commissioner, Dumka. Out of total post of Jan Sewak, which is 104, 4 posts for Scheduled Tribe category were reserved, whereas, the Select List is prepared for 35 candidates. Thus, the Deputy Commissioner, Dumka has changed the percentage of the reservation than what is published in the public advertisement, which is at Annexure1 to the memo of the petition. The reservation prescribed in the public advertisement must be based upon the policy decision taken by the respondent State. The Deputy Commissioner, Dumka has no power, jurisdiction and authority to change the percentage of the reservation quota and, hence also, the result published at Annexure4 deserves to be quashed and set aside. Learned counsel for the petitioner also submitted that unnecessarily Annexure3 result is tampering with by the respondent authorities by publishing another result at Annexure4, which is running counter to the public advertisement and, therefore, the whole selection may be stayed or at least, the respondents may be directed not to fill up one post of Jan Sewak in Scheduled Caste category, for District Dumka.
(3.) LEARNED counsel for the respondents is seeking time to file counter affidavit. Time, as prayed for to file counter affidavit, is granted.;