- (1.) THE present writ petition has been preferred for the following reliefs: I) For issuance of appropriate writ(s), order(s), direction(s) directing and commanding upon the concerned respondents to show cause as to why and under what authority they have changed/altered the Minimum Qualifying Marks i.e., Cut off Marks FOR ELIGIBILITY TEST FOR LECTURESHIP - 2006 conducted by J.P.S.C. -JET CELL (Advertisement dated 19.07.2006 vide Advertisement No. 01 -JET) subsequent to the advertisement and after appearing in the Test, without giving/issuing any prior notice, contrary to the terms and conditions as prescribed in Advertisement No. 01 -JWT dated 19.07.2006. II) For issuance of appropriate writ(s), order(s), direction(s) directing and commanding upon the concerned respondents to show cause as to why and under what circumstances they have gone beyond the prospectus, prescribed terms and conditions as mentioned in the Advertisement No. 01 -JET dated 19.07.2006 and changed/altered the minimum qualifying marks i.e., Cut off Marks of J.P.S.C. -JET for Lectureship -2006 subsequent to the advertisement and appearing in Test. III) For issuance of appropriate writ(s), order(s), direction(s) upon the concerned respondents to consider the case of the petitioner and declare his result of J.P.S.C -JET for Lectureship -2006 (Jharkhand Public Service Commission -Jharkhand Eligibility Test) as per the terms and conditions prescribed/mentioned in the Advertisement No. 01 -JET dated 19.07.2006. IV) For issuance of appropriate writ(s), order(s), direction(s) upon the concerned respondents to consider the case of the petitioner and declare him as Successful candidate for the test conducted by J.P.S.C. -JET for Lectureship -2006 (Jharkhand Public Service Commission -Jharkhand Eligibility Test) considering the fact that he has obtained/scored more than the minimum qualifying marks as per the terms and conditions prescribed/mentioned in the Advertisement No. 01 -JET dated 19.07.2006.
(2.) THE short facts, in brief, are set out as under: An advertisement was published by the Jharkhand Public Service Commission (hereinafter referred to J.P.S.C.) in the newspaper 'Hindustan' on 20.07.2006, inviting application for eligibility test for the post of lectureship. As per the scheme and date of test in the advertisement it was mentioned as under: Scheme and Date of Test (1) The test will consist of three papers. All the three papers will be held on the same day in two separate sessions. Session Paper Marks Duration First Ist 100 1 Hours (09:30 A.M. to 10:45 A.M.) First IInd 100 1 Hours(10:45 A.M. to 12:00 NOON) Second IIIrd 200 2 Hours (01:30 P.M. to 04:00 P.M.) The petitioner applied for the said post in the Department of English and secured the following marks: Marks Card (JPSC -JET Examination) Roll No. 010200012 Marks obtained in 1st Paper 60 Marks obtained in 2nd Paper 58 Marks obtained in 3rd Paper 104 Average Marks Scored 56 In the advertisement the minimum qualifying marks are indicated in the chart below: CATEGORY Minimum Qualifying Marks PAPER I PAPER II PAPER I + PAPER II GENERAL/OBC 40 40 100 (50%) PH/VH 35 33 90 (45%) SC/ST 35 35 80 (40%) It will be evident that the minimum qualifying marks was no doubt as per the advertisement 50% and even on a bare reading of affidavit filed by the respondent Nos. 2 and 4, it is clear that subsequently moderation committee met and changed the criteria without any prior notice. The entire exercise was to short list the eligible candidates for the purpose of selection by way of interview and the petitioner undoubtedly becomes debarred from being considered in view of the enhancement of minimum qualifying marks done subsequently without any notice.
(3.) STRANGELY the petitioner was declared unsuccessful on the ground that he had not scored the minimum qualifying marks (cut off marks) which according to the respondent is 60% whereas the average marks scored by the petitioner was admittedly 56%. This gave a cause of action to the petitioner to challenge the same.;