- (1.) THIS contempt application has been filed by the petitioner for initiating contempt proceeding against the respondents/ opposite parties, by contending that the respondents have not complied with the order dated 10.9.2008 passed by this court in W.P.(S) No. 3068 of 2008.
(2.) THE grievance of the petitioner, as raised in the writ application, was that the benefit of reservation for the physically handicapped candidate was wrongly denied to him in the matter of selection and appointment on the post in the Government job. After considering the contentious issue involved in the writ application, this court vide its order dated 10.9.2008, had issued the following directions, to the respondents: '' "10. In the light of the above discussions, the respondent State shall consider the possibility of absorbing the petitioner by appointing him against any existing vacancy, if the petitioner is found eligible, in accordance with the merit list and if such vacancy does not exist, then to consider the petitioner's candidature against the future vacancies on the basis of the same merit list, if it still survives." In the show cause replies of the opposite party no. 3 namely, the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi, it is sought to be explained that the State Government is bound to appoint only on the basis of the recommendation made available by the Jharkhand Public Service Commission. As such, the Joint Secretary, Department of Personnel and Administrative Reforms, Jharkhand, had requested the JPSC by his letter dated 28.11.2008 to act in accordance with the order passed by this court. It is stated that if the JPSC recommends the name of the petitioner, against the post of Deputy Collector which was advertised, the Government would certainly act upon such recommendation.
(3.) IN the show cause replies filed on behalf of the respondents JPSC, it is sought to be explained that the JPSC being a Constitutional Body created under Article 320 of the Constitution of India, its only function is to select the suitable candidates and submit recommendations for their appointment to the various postings, on the basis of the requisition received from the concerned department of the State Government and the selection process comes to an end after making the final recommendation. It is further sought to be explained, that the final selection process alongwith the final recommendation against 172 posts, on the basis of the requisition of the State Government, was already made and concluded on 13 -4 -2008. For filling up future vacancy, if any, it would be for the State Government to forward a requisition to the JPSC for conducting a fresh selection process and in absence of such requisition, except for those candidates who have been inadvertently left out while making earlier recommendations, although they had secured the same marks/cut -off marks in the respective categories, JPSC does not have any authority to make any further recommendation of candidates after submission of the final recommendation. ;