Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties. Petitioner participated in the recruitment test conducted by the Urban Development Department, Government of Jharkhand for appointment to the post of City Manager in various Districts and Department of the State. The brochure of the examination prescribe written objective type test of 450 marks in 3 different test papers. Based upon the written test, the merit list of short listed candidates to be called for interview was to be prepared. The final result were to be published after combining the result of the written test and marks obtained in interview. The component of interview also contained not only viva -voce test but also a competency test, which for convenience sake, respondents asked the applicants to undertake essay examination along with objective type written test. Respondents devised a methodology for preparation of merit list as per the qualifying marks obtained in terms of the resolution bearing memo No. 10326 dated 27.11.2012 of the Department of Personnel, Administrative Reforms and Rajbhasha. Clause 6 of the said resolution enclosed to the counter affidavit shows that for General category candidates, qualifying marks was 40%.
(2.) The methodology of preparation of mark -sheet of shortlisted candidates after written examination and also before preparation of final merit list including the allocation of marks, category -wise and merit list has been produced in sealed cover pursuant to the previous order by the respondents. It shows that candidates facing objective type written test who secured the qualifying marks i.e., 40% in General category and lesser qualifying marks in other reserved categories got shortlisted. 116 candidates who got shortlisted in interview, their essay marks were also assessed by the evaluating body. The essay marks were not combined for preparation of list of shortlisted candidates to be called for interview. The essay marks obtained for the purpose of competency test have only been added after the result of viva -voce test amongst 116 candidates for preparation of final merit list for appointment. Out of 116 candidates called for interview, 78 candidates have finally been included in the merit list depending upon the respective category. Petitioner, admittedly got 128 marks in the General category and 180 marks was qualifying being 40% of 450 marks in the objective test. That is why his essay marks were not evaluated by the examining body which submitted the category -wise result of different candidates taking the written examination to the Department for the purpose of taking interview of the shortlisted candidates.
(3.) In the aforesaid state of undisputed facts, ground urged by the petitioner is that the brochure for the recruitment test do not prescribe qualifying marks. Therefore, the rule of game has been changed in the mid -course. It is also submitted that the new device of taking the essay examination was introduced along with objective type written test by the respondents, which again has changed the pattern of the examination as professed through the brochure. It is submitted that these changes have prejudiced the petitioner and has also resulted in his exclusion from the merit list.;