Rongon Mukhopadhyay, J. - (1.) IN this application the petitioner has prayed for quashing the final result for appointment of Jharkhand Judicial Services, Civil Judge (Junior Division) published vide letter dated 13.2.2015 issued under the signature of Secretary, Jharkhand Public Service Commission (JPSC for short), Ranchi. A further direction has been sought for with respect to directing the respondents to conduct enquiry in the illegality committed by the respondents while publishing the result of BC -I category and to further direct the respondents for issuance of appointment letter to the petitioner thereafter.
(2.) THE JPSC after receiving the requisition sent by the Department of Personnel Administrative Reforms & Rajbhasha, Govt. of Jharkhand dated 13.5.2013 started the selection process for appointment of Civil Judge (Junior Division) and in terms thereof Advertisement No. 4 of 2013 was issued by JPSC inviting applications from the eligible candidates for the said post. The petitioner submitted his application being a candidate under BC -I category. The preliminary examination was conducted, but when the results were announced the petitioner did not find her roll number in the list of successful candidates. On enquiry the petitioner could come to know that inspite of securing 72 marks his name was not in the list of successful candidates, although the cut off marks for BC -I category was only 46. Subsequently however on approaching the JPSC, the petitioner could come to know that she was not selected, as the caste certificate issued to the petitioner was not by the competent authority in terms of the advertisement and therefore the candidature of the petitioner was considered to be under general category. Being aggrieved the petitioner filed a writ application being W.P.(S) No. 2826 of 2014 which was disposed of on 7.7.2014 allowing the writ petition and directing the JPSC to allow the petitioner to appear in the main written examination of Civil Judge (Junior Division). The petitioner appeared in the main examination on 19.7.2014 under BC -I category and on being selected, the petitioner was issued an interview letter to which the petitioner participated. However, on putting in appearance in L.P.A. No. 311 of 2014 which was filed by the JPSC against the order dated 7.7.2014 passed in W.P. (S) No. 2826 of 2014 it was informed by the JPSC that 9 BC -I category candidates had qualified for the post of Civil Judge (Junior Division), but the petitioner had failed to make the grade. Heard Mr. A.K. Yadav, learned counsel for the petitioner, Mr. Sanjay Piprawall, learned counsel for the JPSC and Mr. Kumar Sundaram, learned counsel or the respondent No. 5.
(3.) IT has been submitted by learned counsel for the petitioner that the benefit of reservation shall be extended to a permanent residents of the State of Jharkhand and the caste certificate issued by an officer below the rank of Sub Divisional Officer shall not be considered. Learned counsel for the petitioner has further submitted that the results which were declared by the JPSC was totally illegal and arbitrary only with an intention to debar the petitioner for being selected in the final list of successful candidates. Learned counsel for the petitioner has further submitted that the respondent No. 5 was selected in the preliminary as well as in the main examination on the basis of he being a candidate coming under BC -II category, but subsequently in the final selection list, respondent No. 5 has been shown to be a successful candidate under BC -I category. It has also been submitted that since the respondent No. 5 on the basis of the marks obtained was not eligible for being selected under BC -II category, there was connivance with the authorities for being selected under BC -I category depriving the petitioner from being appointed to the said post. Learned counsel for the petitioner further adds that if the candidature of the respondent No. 5 is illegal and de hors the provisions enumerated in the advertisement as also the reservation criteria, the appointment of the respondent No. 5 can be cancelled and the petitioner would get an opportunity being a genuine BC -I category candidate to be selected to the post of Civil Judge (Junior Division).;