S.N.PATHAK,J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner has approached this Court with a prayer for quashing the result published by Jharkhand Public Service Commission (hereinafter referred to as 'JPSC' in short), Combined Civil Services Preliminary Examination (PT) - 2016 in pursuant to the Advertisement No. 23/2016 whereby and where under JPSC has declared result of those candidates as successful candidates who have obtained less marks than that of the petitioner. Petitioner has also prayed for a direction upon the respondents to publish modified result for the said examination by fixing/declaring cut-off marks for the students in view of the fact that reservation is not applicable in preliminary examination. Petitioner has further prayed for a direction to publish result of the petitioner amongst successful candidates and further to declare cut-off marks for qualifying in the said examination.
(3.) Shorn of unnecessary details, the facts which are requisite to be stated are that pursuant to an advertisement no. 23/2016, Jharkhand Public Service Commission, Combined Civil Services Preliminary Examination - 2016 had been conducted by JPSC on 18.12.2016. Thereafter, on 23.02.2017, the results were also uploaded on the official website of JPSC. Petitioner had also appeared in the aforesaid examination and he obtained 232 marks in the said examination. However, it has been noticed by him that no cut-off marks had been published which would establish that petitioner has successfully qualified in the preliminary examination or not. On 02.03.2017, the Controller of Examination, JPSC issued a press release informing that there shall be no reservation in the Preliminary Examination. However, it has also been mentioned by them that there is no qualifying marks category wise or otherwise. On 17.03.2017, after uploading of Optical Marked Recognition Sheet, the petitioner was surprised to find that some of the successful candidates had obtained lesser marks than him and as such there was great anomaly in the result. By giving example of candidates successful in Preliminary Test like respondent no. 6 who had obtained only 206 marks, it is pointed out that though petitioner had obtained much more marks than him i.e. 232 marks, but he has been illegally debarred from the list of successful candidates. Petitioner has also given examples of other candidates like Amar Kumar Mishra, Kumar Prabhakar, Praveen Kumar, Prasant Kumar Srivastava, Rahul Deo Vasta and Ravindra Kumar Yadav who had obtained 206, 206, 206, 210, 210 and 212 marks respectively. It is also pointed out that result has not been declared category wise nor any cut off marks merit has been prepared, which is admitted by the JPSC themselves. It is case of the petitioner that though no cut-off marks either category wise was given nor a common merit cut-off marks has been given/published but randomly and arbitrarily, respondents have published the result even to the extent that such candidates who have obtained lesser marks than the petitioner and such other candidates, their roll numbers find mentioned in the list of successful candidates and petitioner has been debarred for the reasons best known to them. It is contended that on earlier occasion JPSC used to declare qualifying marks/cut off marks which would enable the candidates to determine whether they are successful in the Examination or not. It is also pointed out that on the information under Right to Information, it has been categorically stated by JPSC that the results are being published on the basis of the Judgment rendered in the case of Balogi Badhavath v. Andhra Pradesh Public Service Commission and in the case of Chhatar Singh v. State of Rajasthan . However, it has been categorically stated by the respondents that the results cannot be published category wise. It is case of the petitioner that respondents have not given category wise qualifying marks nor reservation is applicable in preliminary examination but there has to be qualifying marks or cutoff marks, which has to be set up and fixed by the respondents to determine eligibility criteria to be successful in the concerned examination, which the respondents have not done so far. It is also case of the petitioner that the candidates having lessor marks than him has been declared successful without any rhyme or reason. Though petitioner made representation to publish fresh result and also to declare cut-off marks but the respondents have not paid any heed to the same and hence this writ petition.;