- (1.) The sole writ petitioner/appellant (hereinafter referred to as the appellant) being aggrieved by the impugned judgment dated 18th October, 2008 passed by learned Single Judge in W.P.(S) No. 3416 of 2007 is in appeal. The appellant was a candidate for appointment as Assistant Engineer (Mechanical) in the department of Public Health and Engineering (hereinafter referred to as 'P.H.E.D' for short) under Advertisement no. 12 of 200203 issued by Jharkhand Public Service Commission (hereinafter referred to as 'J.P.S.C 'for short'). Admittedly, 5 vacancies were shown without any break up of unreserved post or for various reserved categories (Annexure2). However, it stipulated that reservation was to be provided for Scheduled Caste, Scheduled Tribe and Backward categories as per government norms. The petitioner being interested and holding the eligibility criteria applied within time. The written exam could not be held thereafter and corrigendum was issued showing the number of vacancies of Assistant Engineer (Mechanical) as 9.
(2.) It is not in dispute that a model roster issued on 9th November, 2002 had been superseded with another model roster by notification dated 20th November, 2003, Annexure3. The written exams could still not be held and in July, 2005 another advertisement no. 8/2005 was issued by J.P.S.C for recruitment to the post of Assistant Engineer (Mechanical) and Assistant Engineer (Civil) in the Water Resources Department and also Assistant Engineer (Civil) in the Road Construction Department, apart from advertising certain posts of Junior Engineer in the respective categories in the aforesaid two departments with which we are not concerned in the present case. This advertisement however provided a break up of vacancies for unreserved and reserved posts in different categories. The advertisement stipulated that post advertised could increase or decrease and benefits of reservation would be available to those, who are residents of Jharkhand State, provided requisite certificates issued by the competent authority were furnished. The department of P.H.E.D informed the J.P.S.C on 14th July, 2006 that steps be taken to fill up 7 posts of Assistant Engineer (Mechanical) by direct recruitment for which roster clearance has been provided by the Department of Personnel Administrative Reforms and Rajbhasa, Government of Jharkhand. This communication was in the context of earlier indent made to the J.P.S.C for filling up 5 posts of Assistant Engineer (Mechanical) through direct recruitment under advertisement no. 12/200203. The break up of 7 posts indicated through instant letter, Annexure6 shows 1 post each for extremely Backward Class and Scheduled Caste, while 5 posts were shown for Scheduled Tribe. J.P.S.C issued Admit Card, Annexure7 to the respective candidates such as petitioner for appearing in written exam being conducted under both advertisement i.e. 12/200203 and 8/2005 with clear stipulation that those who have applied against both the advertisements and have been issued two separate Admit Cards, can appear in any one of the examination centre allotted. The other Admit Card automatically will be treated as cancelled. The petitioner had not applied under advertisement no. 8 of 2005 as per the clear statement made at para 4 of the writ petition. He however appeared in the written exam held between 22nd September 2006 to 24th September,2006, giving his first option for Drinking Water & Sanitation Department and second option for Water Resources Department. In the written test published in March, 2007, he came out successful and was called for interview with option to apply under either of two advertisements vide Annexure9; he exercised his option as aforesaid vide Annexure9/1. J.P.S.C however issued a corrigendum on 26th April, 2007, Annexure10 giving break up of the post notified under advertisement no. 12/200203 showing nil vacancy against unreserved category and 1 vacancy each against Scheduled Caste and extremely backward category while 5 vacancies for Scheduled Tribe category. By the said corrigendum, break up of the vacancies under advertisement no. 8/2005 was also shown. The petitioner having applied under advertisement no. 12/200203 and had given first option for P.H.E.D, being unreserved category could not be selected as per final result published (Annexure11) in May, 2007 as vacancies for unreserved category has been shown as nil.
(3.) Being aggrieved, the petitioner approached the writ court in W.P. (S) No. 3416 of 2007, inter alia, seeking (a) for quashing of the corrigendum and amendments in roster so far it related to the post of Assistant Engineer (Mechanical) in the Drinking Water and Sanitation Department (b) for quashing of the result for the said post in P.H.E.D which showed nil vacancies for unreserved category (c) for commanding the respondent to declare revised result on the basis of the roster which existed prior to its amendment and/or as existing on the date of advertisement, examination and interview. The petitioner also asked for stay of operation of corrigendum dated 26th April, 2007 as also publication of the results, so far as it related to the post of Assistant Engineer (Mechanical) in P.H.E.D. The selected candidates were also impleaded as private respondents and are also before this Court in the present appeal.;