The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 673 of 2023 Manoj Kumar Gupta, aged about 52 years, son of late Nilkantha Sahu, permanent resident of Muhalla Virat Nagar Lowadih, P.O.& P.S. Namkum, District Ranchi, Jahrkhand-834010, presently posted as Assistant Science Teacher in Govt. Middle School Rahe, P.O. Rahe,P.S. Sonahatu, District, Raichi, Jharkhand-835204.(M) 7004671148 Petitioner … … Versus 1. The State of Jharkhand through the Principal Secretary Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, having its office at Project Building, Dhurwa, Ranchi, P.O.Dhurwa P.S. Jagarnathpur, District Ranchi, Jharkhand-834002 2. Jharkhand Public Service Commission, through its Secretary, having office at Circular Road, P.O.GPO, P.S. Lalpur, Town and District Ranchi, Jharkhand- 834001 3. Controller of Examination, Jharkhand Public Service Commission having office at Circular Road, P.O.GPO, P.S. Lalpur, Town and District Ranchi, … … Respondents Jharkhand-834001 with W.P. (S) No. 713 of 2023 1. Sant Kumar Bhagat, aged about 49 years, son of late Somnath Bhagat, permanent resident of Basia P.O.& P.S. Basia, District Gumla, Jahrkhand- 835229, presently posted as Head Clerk in the office of S.D.O Gumla, P.O. Gumla, P.S. Gumla District Gumla, Jharkhand-835207.(M) 8292688991. 2. Arun Kumar, aged about 50 years son of Sri Parsuram Sahu resident of Bihari Muhalla Doranda P.O.& P.S. Doranda District Ranchi, Jharkhand - 834002.(M) 9308194291, presently posted as Assistant Teacher at Govt. Girl's Middle School Basia, P.O.& P.S Basia District Gumla, Jharkhand - 835229 Versus … … Petitioners 1. The State of Jharkhand through the Principal Secretary Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, having its office at Project Building, Dhurwa, Ranchi, P.O.Dhurwa P.S. Jagarnathpur, District Ranchi, Jharkhand-834002 2. Jharkhand Public Service Commission, through its Secretary, having office at Circular Road, P.O.GPO, P.S. Lalpur, Town and District Ranchi, Jharkhand- 834001 1 3. Controller of Examination, Jharkhand Public Service Commission having office at Circular Road, P.O.GPO, P.S. Lalpur, Town and District Ranchi, … … Respondents Jharkhand-834001 with W.P. (S) No. 1985 of 2023 1. Praveen Kumar Dutta, aged about 50 years son of Hari Narayan dutta, permanent resident of Pokhartoli New Saket Nagar P.O. Doranda & P.S. Doranda District Ranchi, Jharkhand -834002
Legal Reasoning
2. Babu Lal Mahto, aged about 51 years son of Sri Sadhu Mahto, permanent resident of village Bare, P.O. Turmuli, P.S.Burmu, District Ranchi, Jharkhand- 835205. Petitioners … … Versus 1. The State of Jharkhand through the Principal Secretary Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, having its office at Project Building, Dhurwa, Ranchi, P.O.Dhurwa P.S. Jagarnathpur, District Ranchi, Jharkhand-834002 2. Jharkhand Public Service Commission, through its Secretary, having office at Circular Road, P.O.GPO, P.S. Lalpur, Town and District Ranchi, Jharkhand- 834001 3. Controller of Examination, Jharkhand Public Service Commission having office at Circular Road, P.O.GPO, P.S. Lalpur, Town and District Ranchi, Jharkhand-834001 4. Anu Ranjan Jha, aged about 47 years, son of Sri Shashidhar Jha, (Roll No. 20054131), permanent address not known to the petitioner. At present posted at Administrative Training Institute, Kanke Road, Ranchi (ATI), for institutional training as Deputy Collector, P.O. Ranchi University, P.S. Gonda, Kanke Road, Ranchi, District Ranchi 5. Shiv Balak Prasad, aged about 51 years, son of Sri Rajendra Prasad, (Roll No. 20052324), Sr. No. 20, permanent address not known to the petitioner. At present posted at Sri Krishna Administrative Training Institute, Ranchi (ATI) for institutional training as Deputy Collector, P.O. Ranchi University, P.S. Gonda, Kanke Road, Ranchi, District Ranchi 6. Prem Kumar, aged about 48 years, son of Sri Baldeo Romani, (Roll No. 20053801), Sr. No. 33, permanent address not known to the petitioner. At present posted at Sri Krishna Administrative Training Institute, Ranchi (ATI) for institutional training as Deputy Collector, P.O. Ranchi University, P.S. Gonda, Kanke Road, Ranchi, District Ranchi 7. Somnath Oraon, aged about 49 years, son of Sri Temba Oraon, (Roll No. 20051410), Sr. No. 45, permanent address not known to the petitioner. 2 Presently posted at Sri Krishna Administrative Training Institute, Ranchi (ATI) for institutional training as Deputy Collector, P.O. Ranchi University, P.S. Gonda, Kanke Road, Ranchi, District Ranchi 8. Vijay Laxmi Sinku, aged about 58 years, wife of Sri Sukhlal Purty, (Roll No. 20056375), Sr. No. 44. At present posted at Sri Krishna Administrative Training Institute, Ranchi (ATI) for institutional training as Deputy Collector, P.O. Ranchi University, P.S. Gonda, Kanke Road, Ranchi, District Ranchi … … Respondents CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners For the Resp.-JPSC For the State 13/30th April 2024 --- --- : Mr. Shahdeo Choudhary, Advocate : Mr. Abhay Prakash, Advocate Mr. Durgesh Agarwal, Advocate (In W.P. (S) No. 1985/2023) : Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate (In W.P. (S) No. 713/2023) : Ms. Pinky Tiwary, Advocate 1. 2. Heard the learned counsel for the parties. The learned counsel for the petitioners submits that identical prayers have been made in all the writ petitions and they have been tagged together. The learned counsel has confined his relief to prayer No. 1(i) and (iv). The said reliefs are as under:- “(i) To quash and set aside the Press Release dated 14.01.2023 for publishing Provisional Result of 1st Deputy Collector (Limited) Examination, 2006, in respect of Adv. No. 05/2005 (Annexure-6) issued under the pen and signature of Controller of Examination, Jharkhand Public Service Commission whereby and where under 50 candidates have been selected for appointment on the post of Deputy Collector through limited competitive examination on the basis of illegal and unjustified allotment of one marks in total 27 repeated questions in General Studies Paper to all candidates irrespective of the fact whether such questions have been answered or not and the same decision taken by the JPSC respondent has already been challenged before this Hon'ble High Court vide W.P(S) No. 4928 of 2021 which is still pending. (iv) Issue a writ of mandamus or any other appropriate writ or order or direction to respondent no.2 to publish a fresh result of the said examination on the basis of as is where basis i.e. Without giving any common marks in respect of 27 disputed & repeated questions of 5th 3 Limited Examinations held two or three months prior to this examination of 1st limited Examination for the ends of justice.” 3. Similar prayer has been made in W.P. (S) No. 673 of 2023 and W.P. (S) No. 713 of 2023, which is quoted as under: - ‘“(i) To quash and set aside the Press Release dated 14.01.2023 for publishing Provisional Result of 1st Deputy Collector (Limited) Examination, 2006, in respect of Adv. No. 05/2005 (Annexure-6) issued under the pen and signature of Controller of Examination, Jharkhand Public Service Commission whereby and where under 50 candidates have been selected for appointment on the post of Deputy Collector through limited competitive examination on the basis of illegal and unjustified allotment of one marks in total 27 repeated questions in General Studies Paper to all candidates irrespective of the fact whether such questions have been answered or not and the same decision taken by the JPSC respondent has already been challenged before this Hon'ble High Court vide W.P(S) No. 4928 of 2021 which is still pending. (ii) To quash and set aside the Press Release dated 24.01.2023 for publishing the date of counseling of such 50 selected candidates on 25.01.2023 for verifications of their certificates etc. issued by the Special Executive Officer, Department of Personnel ,Administrative Reforms and Rajbhasha, Government Jharkhand(Annexure-9) in of very haste manner to give undue and illegal advantage to such candidates. (iii) Issue a writ of mandamus or any other appropriate writ or order or direction to respondents to bring on record of this Hon’ble Court all answer sheets both papers-1 & 2 of successful candidates and this petitioner for its comparative verification by the Hon'ble Court or be directed to make a judicial enquiry or by an independent agency CBI to enquire into matter because there is every possibility of illegal gratification in the selection process because result has been published after a lapse of more than three years of examination held on 03.01.2020 where as other similar limited examinations i.e. 2nd, 3rd, 4th & 5th (limited) Deputy Collectors Examination results were published within time of hardly six months which creates a great suspicion. (iv) Issue a writ of mandamus or any other appropriate writ or order or direction to respondent no.2 to publish a fresh result of the said examination on the basis of as is where basis i.e. Without giving any common marks in respect of 27 disputed & repeated questions of 5th Limited Examinations held two or three months prior to this examination of 1st limited Examination for the ends of justice. (v) During the operation, the pendency of implementation and execution of decision regarding appointment on the basis of provisional result dated 14.01.2023 in respect of selected 50 candidates of 1st Deputy Collector (Limited) Examination, 2006 may kindly be stayed. the writ petition, AND/OR For any other relief/reliefs, for which the petitioner is legally entitled, in the facts & circumstances of this case.” 4 4. In W.P. (S) No. 1985 of 2023 the prayer no (iv) of other writ petitions is
Decision
at prayer no.(v) . The prayer of the writ petition is quoted as under :- “(i) To quash and set aside the Press Release dated 14.01.2023 for publishing Provisional Result of 1st Deputy Collector (Limited) Examination, 2006, in respect of Adv. No. 05/2005 (Annexure-6) issued under the pen and signature of Controller of Examination, Jharkhand Public Service Commission whereby and where under 50 candidates have been selected for appointment on the post of Deputy Collector through limited competitive examination on the basis of illegal and unjustified allotment of one marks in total 27 repeated questions in General Studies Paper to all candidates irrespective of the fact whether such questions have been answered or not and the same decision taken by the JPSC respondent has already been challenged before this Hon'ble High Court vide W.P(S) No. 4928 of 2021 which is still pending. (ii) To quash and set aside the Press Release dated 24.01.2023 for publishing the date of counseling of such 50 selected candidates on 25.01.2023 for verifications of their certificates etc. issued by the Special Executive Officer, Department of Personnel ,Administrative Reforms and Rajbhasha, Government Jharkhand(Annexure-9) in of very haste manner to give undue and illegal advantage to such candidates. (iii) To quash and set aside the Notification No. 01-01/2023 Pers. 1496 dated 13.03.2023 issued by the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand (Annexure-15) whereby and where under 45 successful candidates out of 50 selected candidates have been provisionally appointed and posted at Sri Krishna Public Administrative Training Institute, Ranchi on the post of probationary Deputy Collectors for getting institutional training with effect from their date joining. (iv) Issue a writ of mandamus or any other appropriate writ or order or direction to respondents to bring on record of this Hon’ble Court all answer sheets both papers-1 & 2 of successful candidates and this petitioner for its comparative verification by the Hon'ble Court or be directed to make a judicial enquiry or by an independent agency CBI to enquire into matter because there is every possibility of illegal gratification in the selection process because result has been published after a lapse of more than three years of examination held on 03.01.2020 where as other similar limited examinations i.e. 2nd, 3rd, 4th & 5th (limited) Deputy Collectors Examination results were published within time of hardly six months which creates a great suspicion. (v) Issue a writ of mandamus or any other appropriate writ or order or direction to respondent no.2 to publish a fresh result of the said examination on the basis of as is where basis i.e. Without giving any common marks in respect of 27 disputed & repeated questions of 5th Limited Examinations held two or three months prior to this examination of 1st limited Examination for the ends of justice. (vi) Issue a writ of mandamus or any other appropriate writ or order or direction to Respondent no. 2 to consider the request letters dated 03.04.2023 for revaluation of both the petitioners in respect of both answer papers 1 & 2 for the ends of justice. AND/OR 5 For any other relief/reliefs, for which the petitioner is legally entitled, in the facts & circumstances of this case.” 5. The learned counsel for the petitioners has submitted that the matter arises out of selection process vide Advertisement No. 05/2005 and as many as 27 questions were repeated questions in the sense that those questions were asked immediately prior to the present examination and such action on the part of the respondents was under challenge in a writ petition being W.P. (S) No. 516 of 2020. The said writ petition was disposed of vide order dated 05.03.2020 directing the petitioners of the said case to file a fresh representation before the Controller of examination of JPSC which was to be considered by passing a reasoned order. 6. He submits that reasoned order has been passed pursuant to the order dated 05.03.2020 in W.P. (S) No. 516 of 2020 whereby the respondents have taken a decision to give uniform marks in connection with all the 27 questions and the said decision is under challenge in the writ petition being W.P. (S) No. 4928/2021. 7. The learned counsel submits that in the present writ petitions though the said decision is not under challenge but the publication of result on the basis of such decision is under challenge. The learned counsel has also submitted that a prayer has been made to make fresh publication of result after ignoring the said decision. 8. The learned counsel further submits that a supplementary affidavit has been filed in the present case stating that out of 50 candidates who were selected in the process, 07 candidates have not joined the post and therefore the case of the petitioners may be considered against such 07 posts. He also submits that the petitioners had obtained the qualifying marks but was not selected ultimately on account of the decision which was taken by the respondents with respect to 27 questions. 9. Learned counsel appearing on behalf of the respondents has submitted that the entire case of the petitioners is based on the decision taken by the respondents by virtue of the order dated 05.03.2020 in W.P. (S) No. 516/2020. 6 He submits that if such a decision is set-aside in the writ petition being W.P. (S) No. 4928/2021, then the entire result will be affected and in the said case, a few selected persons have also been made party. He submits that if the decision of the respondents is quashed in W.P. (S) No. 4928/2021, though the petitioners are an unsuccessful candidates but if the petitioners are to be benefited by setting-aside of the decision on the basis of which the result has been published, all the candidates would be entitled to relief and therefore no relief be granted to the petitioners in the present cases where the decision on the basis of which the result has been published is not under challenge. 10. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, it is not in dispute that pursuant to order passed in W.P. (S) No. 516 of 2020 dated 05.03.2020, a decision was taken by the respondents in connection with the manner and mode of marking with respect to 27 questions. The said decision is under challenge in W.P. (S) No. 4928/2021. 11. Earlier the present writ petition was tagged along with the said case, but subsequently by virtue of order dated 01.11.2023, the case was de-tagged. A copy of the order dated 01.11.2023 has been produced before this Court by the parties. 12. This Court is of the view that the root cause of action in the present case lies in challenge to the aforesaid decision taken by the respondents and the relief as prayed for by the petitioner in these writ petitions which the petitioners have confined to paragraph 1(i) and 1(iv) of the prayer is consequential to the main relief regarding challenge to the decision which is subject matter of W.P. (S) No. 4928/2021 and not under challenge in these writ petitions. 13. This Court finds that apart from the aforesaid facts, one additional fact has been brought to the notice of this Court that all the selected candidates have not joined the post and 07 posts are vacant. 14. Considering the aforesaid facts, this Court is not inclined to grant the relief as pressed by the petitioners during the course of hearing as mentioned 7 above. The publication of the result would certainly be governed by the decision which is to be taken in W.P. (S) No. 4928/2021. 15. So far as the submission of the petitioners with regard to 07 posts, which is said to be vacant on account of non-joining of the concerned selected persons is concerned , this Court is of the view that neither there is any such prayer nor this Court is inclined to grant any such relief to the petitioners. 16. Accordingly, these writ petitions are disposed of with an observation that the claim of the petitioners would ultimately be subject to the result of W.P. (S) No. 4928 of 2021. 17. Pending I.A., if any, is closed. Mukul (Anubha Rawat Choudhary, J.) 8