S. N. Pathak, J. - (1.) The petitioner is aggrieved by non-inclusion of her name in the final merit list prepared by the Appointment Committee for her appointment as an Assistant in High Court,/Judicial Academy or as a Clerk in Civil Court/Family Court pursuant to Advertisement No. 01/Accts./2016, as according to her, she had secured more marks than the last selected candidate. Petitioner has further prayed for a direction upon the respondent to issue appointment letter to her.
(2.) An advertisement bearing No. 01/Accts./2016 was floated by the High Court of Jharkhand, Ranchi for appointment to the post of Assistant/ Clerk in High Court, Judicial Academy, Assistant/Clerk of the Civil Court. In the said advertisement, the eligibility criteria was graduate from a recognized University, having knowledge of working on computer and typing knowledge. Pursuant thereto, the petitioner applied for the same. It is the specific case of the petitioner that she was appearing in final year of Graduation exam in the year, 2016 from Gossner College, Ranchi for the session 2013-16, so the petitioner preferred a joint representation before the Hon'ble the Chief Justice for allowing the appearing candidates to appear in the recruitment process by relaxing the condition of the advertisement. Meanwhile, the petitioner appeared in the Graduation examination and declared successful on 13.06.2016 with distinction and secured 88.13 % marks. Thereafter, an admit card bearing Roll No. 910691 for the written examination was issued in favour of the petitioner. Pursuant thereto, the petitioner appeared in the written test and cleared the said exam. After qualifying the written test, she was called for appearing in skill test and interview, which was held on 01.12.2016 and 02.12.2016 respectively and during the verification, she submitted the xerox copy of the graduation mark-sheet. Finally, result was published on 14.02.2017, but the name of the petitioner was not in the final merit list. The petitioner was quite shock to know that her name was not in the final merit list prepared by the Appointment Committee. Aggrieved thereto, the petitioner sought information from the respondent authority under RTI Act, 2005, in reply thereof, she was informed that the cut off marks for final selection in High Court -for BC -II category was 86 marks and for Civil Court/Family Court -for BC-II category was 84 and she had obtained 86 marks, but the Hon'ble Appointment Committee had rejected your candidature as "you were not a graduate at the time of filling up the application form". Thereafter, the petitioner represented before the respondent on 18.04.2017, but no heed was paid on the representation of the petitioner. Left with no other efficacious, alternative and speedy remedy, the petitioner has been constrained to approach this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for redressal of her grievances.
(3.) Mr. Indrajeet Sinha, learned counsel appearing on behalf of the petitioner submits that the respondent has illegally, arbitrary and without considering the marks, obtained by the petitioner in the recruitment tests, rejected the candidature of the petitioner. The petitioner was not at fault, as the petitioner was appearing in the final year Graduation examination in the year, 2016 and at the time of written examination, conducted by respondent, she was a graduate. Learned counsel further argues that fixing eligibility criteria as on last date of submission of application form by the Appointment Committee is not at all considerable. The petitioner along with other candidates have made a joint representation to the Hon'ble the Chief Justice, wherein she prayed to allow the appearing Graduates to appear in the recruitment process. It is further stated that prior to the written examination, no information was given to her regarding decision of the Hon'ble the Chief Justice on the representation of the petitioner. Moreover, admit card was issued to her for appearing in the written test.;