Rakesh Ranjan Prasad, J. - (1.) THIS application has been filed for quashing of the order dated 23.4.2013, passed in RC Case No. 06(A)/2012 -AHD -R, by the Special Judge, CBI, Ranchi, whereby and whereunder the court did direct the Jharkhand Public Service Commission (for short JPSC) to re -evaluate the answer sheets of 2nd Combined Civil Service Examination and at the same time, the order dated 12.12.2013 has also been challenged, whereby the prayer made on behalf of JPSC to recall the order dated 23.4.2013 was rejected.
(2.) IT appears that this Court vide its order dated 14.6.2012, passed in WP (PIL) No. 3594 of 2011 and other connected matters, directed the CBI to take up the investigation of Vigilance P.S. Case No. 23 of 2010, which had been instituted on the allegations that the then Chairman of JPSC as well as the members of JPSC as also the members of Interview Board for benefiting certain persons, who had appeared in 2nd Civil Service Examination, have committed offence of forgery, cheating, falsification of documents etc. Accordingly, the CBI took over the investigation of the said case lodged by the Vigilance. During course of investigation, when it got transpired that the marks sheets have been changed in the case of some persons and that some of the persons were not entitled to get that mark which had been given, an application was filed before the court of Special Judge, CBI to the effect that the marks already given by different evaluators on the answer sheet of number of candidates were subsequently increased which have been admitted by some of the evaluators and they have also admitted that in some cases marks have been increased and, therefore, it has become imperative to get the answer sheets re -evaluated by panel of special experts of JPSC who had evaluated answer sheet of 3rd and 4th Civil Services Examination and not the evaluators who had evaluated the answer sheets of 2nd Civil Service Examination so as to reach a just and logical conclusion in the matter. In these circumstances, prayer was made to direct the Chairman, JPSC, Ranchi to get the answer sheets reevaluated according to the modalities set in under that application. That prayer was allowed by the court vide order dated 23.4.2013 directing the Chairman, JPSC to get the answer sheets of successful candidates reexamined. Subsequently, an application was filed on behalf of JPSC on 18.11.2013 praying therein to recall the said order, as it would not be permissible for the JPSC in view of Clause -13 of the Guidelines issued in the matter relating to main examination of Civil Services Examination approved by the Department of Personnel, Administrative Reforms & Rajbhasha, Government of Jharkhand to go for reevaluation, rather that provision only permits for retotaling. Further objection, which was taken on behalf of JPSC, is that any such order passed by the court would amount to interference with the investigation and hence that order is fit to be recalled. However, that prayer was rejected vide order dated 12.12.2013 holding therein that the court does not have power to recall its order. Those two orders have been challenged in this application.
(3.) MR . A.K. Sinha, learned senior counsel appearing for the petitioner, submits that the JPSC is a constitutional body and it does have regulation under which examination is conducted. As per Clause 13 of the Guidelines issued by the JPSC, the provision has been made for retotaling only and not for reevaluation of the answer sheets.;