The High Court
Case Details
L.P.A. No.297 of 2018 & analogous cases - 1 - IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No.297 of 2018 ---- 1. Sachit Kumar Singh, aged about 37 years, Constable No.126, S/o Shri Rudra Pratap Singh, R/o Village Bhawanathpur, PO & PS Bhawanathpur, Dist.-Garhwa. 2. Dharmendra Kumar, Aged about 42 years, Constable No.117, S/o Shri Sideshwar Singh, R/o Village Sarwan, PO Usmanchak, PS Masaurhi, Dist Patna (Bihar). … … Petitioners/Appellants 1. State of Jharkhand. Versus 2. Director General of Police, Jharkhand, Project Bhawan, PO Dhurwa, PS Jaganathpur, Dist-Ranchi. 3. Jharkhand Staff Selection Committee, Throughit’s Secretary, Kali Nagar, Chai Bagan, Namkum, Dist-Ranchi, Jharkhand, PO + PS Namkum. 4. The Jharkhand Staff Selection Commission through its Chairman, Namkom Ranchi. … … Respondents/Respondents WITH L.P.A. No.473 of 2018 Narendra Singh, Aged about 39 years, ASI, s/o Shri Param Singh, R/o Vill-Suhia, P.O. + P.S. Sahpur, Dist Bhojpur (Bihar). Petitioner/Appellant … … Versus The Director General of Police, Govt of Jharkhand, 1. State of Jharkhand. 2. Project Bhawan, PO & PS Dhurwa, Ranchi. 3. Jharkhand Staff Selection Commission, Throughit’s Secretary, Kali Nagar, Chai Began, PO + PS Namkum, Dist. Ranchi, Jharkhand. 4. The Secretary, Jharkhand Staff Selection Commission, having its Office at Kali Nagar, Chai Began, PO & PS Namkum, Dist Ranchi. …Respondents/Respondents WITH L.P.A. No.474 of 2018 Bijayendra Kumar Sah, aged about 37 years, Constable No.631, S/o Late Ram Bahadur Sah, R/o Majhar Tola, P.O. Borio, P.S. Borio (J), Dist.-Sahibganj. … Petitioner/Appellant L.P.A. No.297 of 2018 & analogous cases 1. State of Jharkhand. - 2 - Versus 2. Jharkhand Staff Selection Commission, Throughit’s Secretary, Kali Nagar, Chai Began, PO + PS Namkum, Dist. Ranchi, Jharkhand. …Respondents/Respondents WITH L.P.A. No.475 of 2018 Raj Kishore Tiwari, aged about 32 years, Constable No.1207 S/o Shri Shahsidhar @ Shashidhar Tiwari, R/o Vill-Amehata, PO & PS Agioan Bazar, Dist Bhojpur (Bihar). … Petitioner/Appellant Versus The Director General of Police, Govt. of Jharkhand, 1. State of Jharkhand. 2. Project Building, PO & PS Dhurwa, Distt.-Ranchi 3. Jharkhand Staff Selection Commission, Throughit’s Secretary, Kali Nagar, Chai Began, PO + PS Namkum, Dist. Ranchi, Jharkhand. 4. The Chairman, Jharkhand Staff Selection Commission, having office at Kali Nagar, Chai Began, PO + PS Namkum, Dist Ranchi. …Respondents/Respondents WITH L.P.A. No.476 of 2018 Thaneshwar Ravidas, aged about 45 years, S/o Late Hulash Ravidas R/o Vill Nimadih, PO Charki, PS, Gawan, Dist Giridih. … Petitioner/Appellant Versus The Director General of Police, Govt of Jharkhand, 1. State of Jharkhand. 2. Project Bhawan, PO & PS Dhurwa, Distt.-Ranchi 3. Jharkhand Staff Selection Commission, Through it’s Secretary, Kali Nagar, Chai Began, PO + PS Namkum, Dist. Ranchi, Jharkhand. 4. The Secretary, Jharkhand Staff Selection Commission, having its office at Kali Nagar, Chai Began, PO + PS Namkum, Dist Ranchi. …Respondents/Respondents WITH L.P.A. No.580 of 2018 Manjay Kumar, aged about 31 years, Constable No.389, s/o Late Ramashish Prasad Sahani, R/o Village + P.O. Nawadah, P.S. Pakridayal, Dist. Motihari, Bihar. … Petitioner/Appellant L.P.A. No.297 of 2018 & analogous cases - 3 - Versus The State of Jharkhand. 1. 2. Director General of Police, Govt. of Jharkhand, having its office at Police Head Quarter, Dhurwa, PO & PSJagarnathpur, Dist- Ranchi. 3. Jharkhand Staff Selection Commission, Through it’s Secretary, having office at Kali Nagar, Chai Began, PO & PS Namkum, Dist. Ranchi, Jharkhand. 4. The Secretary, Jharkhand Staff Selection Commission, having its office at Kali Nagar, Chai Began, PO & PS Namkum, Dist Ranchi.
Legal Reasoning
------- CORAM :HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR …Respondents/Respondents For the Appellants For the Resp. State For the Resp. JSSC ------ : Mr. Manoj Tandon, Advocate Mr. Bimlesh Kumar Jha, Advocate : Mrs. Vandana Singh, Sr. SC-III Mr. Ashwini Bhushan, AC to Sr.SC-III Ms. Rani Kerketta, S.C.-VI Ms. Deepika Jojowar, AC to SC-VI Mrs. Chaitali C. Sinha, AC to AAG-1A : Mr. Sanjay Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Rakesh Ranjan, Advocate -------- ORAL ORDER Order No.34 : Dated 17th October, 2023 Per Sujit Narayan Prasad, J. 1. Although these intra-court appeals were disposed of by Coordinate Bench of this Court vide order dated 24.03.2021 by upholding the order passed by the learned Single Judge whereby and whereunder the writ petitions were dismissed declining to pass positive direction in favour of the writ petitioners. 2. The appellants herein challenged the order dated L.P.A. No.297 of 2018 & analogous cases - 4 - 24.03.2021 before the Hon’ble Apex Court by filing Special Leave Petitions which were converted into Civil Appeal being Civil Appeal Nos. 2793-98 of 2023. 3. The Hon’ble Apex Court has allowed the appeals in part. The common judgment and order passed by this Court dismissing the Letters Patent Appeals has been quashed and set aside. Matters have been remitted back to the Division Bench of this High Court for fresh decision of Letters Patent Appeals in accordance with law and on its own merits and light of the observations made in the order of Hon’ble Apex Court. 4. The Hon’ble Apex Court has further directed to decide the Letters Patent Appeal on remand and to dispose of at the earliest preferably within a period of three months from the date of the order. 5. It has been observed therein that it will be open for the Division Bench of the High Court to call for the expert’s opinion with respect to the questions of which the answers were alleged to be incorrect for which the objections were raised. However, the same is left to the High Court. 6. The operative part of the order along with paragraph 8 thereof are required to be referred hereunder which read hereunder as :- “8. As the High Court has refused to consider the objections on merits on the ground that the objections L.P.A. No.297 of 2018 & analogous cases - 5 - were not raised within the stipulated period prescribed for submitting the objections and thereby, has refused to get the expert’s opinion, the matter is to be remanded to the Division Bench of the High Court for fresh consideration of the appeals on merits with the observation that it will be open for the Division Bench to call for the expert’s opinion on the questions of which their answers were alleged to be incorrect for which the objections were raised so that if ultimately it is found that the answers with respect to some questions were incorrect and consequently, the marks are added and they may become eligible. 9. In view of the above and for the reasons stated above, present appeals are allowed in part. The impugned common judgment and order passed by the High Court dismissing the Letters Patent Appeals is hereby quashed and set aside. Matters are remitted back to the Division Bench of the High Court for fresh decision of Letters Patent Appeals in accordance with law and on its own merits and in light of the observations made hereinabove. The Letters Patent Appeals on remand be decided and disposed of at the earliest preferably within a period of three months from the date of the present order. As observed hereinabove, it will be open for the Division Bench of the High Court to call for the expert’s opinion with respect to the questions of which the answers were alleged to be incorrect for which the objections were raised. However, the same is left to the High Court. Present appeals are accordingly allowed in terms of the present order. No costs.” 7. The said order dated 28.04.2023 passed by Hon’ble Apex Court was communicated and thereafter the instant appeals were listed on Board for deciding the issue in terms of the direction passed by Hon’ble Apex Court. 8. The fresh proceeding taken from 9th May, 2023. L.P.A. No.297 of 2018 & analogous cases - 6 - However, on the said date none represented the appellants, as such, the matters were posted on 16th May, 2023 in order to give a chance to the learned counsel for the appellants. For ready reference, the order dated 9th May, 2023 is being referred herein which reads hereunder as :- “18/Dated: 9th May, 2023 The matter has been remanded as would appear from the order dated 28th April, 2023 passed by the Hon’ble Apex Court passed in Civil Appeal Nos.2793- 98 of 2023 for fresh hearing by this Court. None appears for the appellant today. As such in order to provide a chance to the learned counsel for the appellant, list this matter on 16th May, 2023.” 9. The matters were posted on 16th May, 2023 under the heading “For Orders”. This Court vide the aforesaid order had directed the cases to be listed under the heading “For Admission”. The learned counsel for the Jharkhand Staff Selection Commission had submitted that in the meanwhile he will seek appropriate instruction for the disposal of the writ petitions within the stipulated time as per the direction passed by the Hon’ble Apex Court. Thereafter, with the consent of the parties, the matters were posted on 19th June, 2023, for ready reference, order dated 16th May, 2023 is being quoted hereunder as :- “Order No. 19/Dated 16th May, 2023 All the intra-court appeals have been posted today under the heading “For Orders” These matters were listed on 9th May, 2023 by L.P.A. No.297 of 2018 & analogous cases - 7 - virtue of order of remand passed by Hon’ble Apex Court in Civil Appeal Nos.2793-98 of 2023. Since none represented the appellants, therefore, the matters have been directed to be posted on 16.05.2023. Matters are listed today on Board under the heading “For Orders”. This Court, in order to dispose of these appeals, deems it fit and proper to post these matters under the heading “For Admission”. Mr. Sanjoy Piprawall, learned counsel appearing for the Jharkhand Staff Selection Commission, has submitted that in the meanwhile he will also seek appropriate instruction for the disposal of the writ petitions within the stipulated time as per the direction passed by the Hon’ble Apex Court. With the consent of the parties, list these matters on 19.06.2023.” 10. The learned counsel for the appellants, on that date had sought for time for Thursday (i.e. 22.06.2023) so as to file affidavit by giving the reference of the questions, which requires opinion by the expert. Learned counsel for the Jharkhand Staff Selection Commission had also submitted that after receiving the details of the questions, the appropriate affidavit will be filed regarding the experts as to who can be the expert to examine the correctness of the questions. Considering the prayer made on behalf of the parties, the matters were directed to be listed on 27th June, 2023, for ready reference, order dated 19.06.2023 is being referred hereunder as :- “Order No. 20/ Dated:-19th June, 2023 Heard learned counsel for the parties. L.P.A. No.297 of 2018 & analogous cases - 8 - Mr. Tandon, learned counsel appearing for the appellants has sought for time for Thursday (i.e. 22.06.2023) so as to file affidavit by giving the reference of the questions, which requires opinion by the expert. Let him do so. Mr. Piprawall, learned counsel appearing for the Jharkhand Staff Selection Commission (JSSC) has submitted that after receiving the details of the questions, the appropriate affidavit will be filed regarding the experts as to who can be the expert to examine the correctness of the questions. Accordingly, list these matters on 27.06.2023.” 11. The matters were thereafter heard on 04.07.2023 and on that date, as would appear from the order dated 04.07.2023, that the learned counsel for the appellants had submitted that although four questions were altogether there as has been referred at paragraph 8 of the judgment passed by this Court but due to inadvertence reference of five questions have made as under paragraph 4 of the supplementary affidavit. 12. Learned counsel appearing for the Jharkhand Staff Selection Commission had submitted by referring to paragraph 9 of the judgment passed by this Court wherein the prayer with respect to out of syllabus question i.e., question no. 9, 13, 23 and 37 was not pressed. The further submission was made that however at paragraph 5 the reference of out of syllabus question has also been made. 13. Upon such submission made on behalf of learned L.P.A. No.297 of 2018 & analogous cases - 9 - counsel appearing for the Jharkhand Staff Selection Commission, learned counsel for the appellants had sought time for a week to file fresh affidavit. Accordingly, the matters were posted on 11th July, 2023, for ready reference order dated 4th July, 2023 is being quoted hereunder as:- “Order No. 22/Dated 4th July, 2023 Mr. Manoj Tandon, learned counsel for the appellants at the outset has submitted by making submission that although four questions were altogether there as has been referred at paragraph 8 of the judgment passed by this Court but due to inadvertence reference of five questions have made as under paragraph 4 of the supplementary affidavit. Mr. Sanjay Piprawall, learned counsel for the respondent-JSSC has submitted by referring to paragraph 9 of the judgment passed by this Court wherein the prayer with respect to out of syllabus question i.e., question no. 9, 13, 23 and 37 was not pressed. He has further submitted that however at paragraph 5 the reference of out of syllabus question has also been made. Upon this, Mr. Tandon, learned counsel for the appellants has sought for time for a week to file fresh affidavit. Accordingly, list this case on 11th July, 2023 so that in the meantime the affidavit be filed by the appellants.” 14. On 11th July, 2023, further time was sought for on behalf of the appellants to file specific affidavit since no affidavit was filed in pursuance to the order dated 4th July, 2023. 15. It appears from the order dated 11th July, 2023 that the L.P.A. No.297 of 2018 & analogous cases - 10 - affidavit although was filed but without copy of objection so as to come to the conclusion as to the question which is alleged to be incorrect, is only to be sent for its opinion of the Expert Committee or the questions which are out of syllabus also. Learned counsel for the appellant again sought for time so that, objection so filed on behalf of the appellants may be brought on record by way of additional affidavit. 16. Considering the aforesaid submission/reason, the mattes were directed to the listed on 17th July, 2023, for ready reference, order dated 11th July, 2023 is being referred hereunder as :- “Order No. 23/Dated 11th July, 2023 Reference may be made to the order dated 04.07.2023, which reads as under:- “… …. ….” In terms of the aforesaid order, no affidavit has been filed. 2. Mr. Sanjoy Piprawall, learned counsel appearing for the Respondent-JSSC has referred paragraph-8 and 9 of the order passed by the Hon’ble Apex Court in Civil Appeal Nos.2793-98 of 2023. It has been submitted by referring to paragraph-8 thereof that the Hon’ble Apex Court has remanded the matter to the Division Bench of this Court for fresh consideration of the appeals on merits with the observation that it will be open for the Division Bench to call for the expert’s opinion on the questions of which their answers were alleged to be incorrect for which the objections were raised so that if ultimately it is found that the answers with respect to some questions were incorrect and consequently, the marks are added and they may become eligible. L.P.A. No.297 of 2018 & analogous cases - 11 - The contention, therefore, has been raised that the opinion of the Expert Committee is only to be taken so far as it relates to incorrect questions, in view of the aforesaid observation made as under paragraph-8. 3. While on the other hand, Mr. Manoj Tandon, learned counsel appearing for the appellants has submitted that the questions which are out of syllabus, are also required to be sent for the purpose of taking opinion of the Expert Committee. 4. This Court for the aforesaid purpose has granted time twice to file specific affidavit, but affidavit although, has been filed but without copy of objection so as to come to the conclusion as to the question which is alleged to be incorrect, is only to be sent for its opinion of the Expert Committee or the questions which are out of syllabus also. 5. Mr. Tandon, however, has again sought for time for today, so that, objection so filed on behalf of the appellants may be brought on record by way of additional affidavit. 6. Considering the implication of the said objection for compliance of the order passed by the Hon’ble Apex Court, this Court deems it fit and proper to adjourn the matter. 7. Accordingly, let these matters be listed on 17.07.2023.” 17. On 17th July, 2023, this Court, in order to reach to the conclusion regarding the issue of complaint dated 6th January, 2018 as also the online complaint made by the appellant, namely, Manjay Kumar (the appellant in L.P.A. No.580 of 2018) with respect to three questions appears not to be genuine for which time was sought but this Court thought it proper to peruse the records to ascertain the number of complaints made with respect to the three L.P.A. No.297 of 2018 & analogous cases - 12 - questions for the purpose of deciding the issue. Accordingly, the entire record pertaining to these appellants was directed to be produced on 18th July, 2023 at 02:15 p.m. The order dated 17th July, 2023 is quoted hereunder as :- “24/Dated: 17th July, 2023 1. Affidavit in terms of the order dated 4th July, 2023 has been filed. 2. Mr. Sanjoy Piprawall, learned counsel appearing for the Jharkhand Staff Selection Commission submitted that the complaint dated 6th January, 2018 as also the online complaint made by the appellant—Manjay Kumar (the appellant in L.P.A. No.580 of 2018) with respect to three questions appears not to be genuine. 3. This Court in order to reach to the conclusion, instead of granting time, deem it fit and proper to peruse the records to ascertain the number of complaints made with respect to the three questions, so as to decide the issue in view of the order passed by the Hon’ble Apex Court in Civil Appeal Nos.2793-98 of 2023. 4. Accordingly, let the entire records pertaining to these appellants be produced on 18th July, 2023 at 02:15 P.M.” 18. Learned counsel for the Jharkhand Staff Selection Commission had produced the original record on 18th July, 2023. On that date, this Court had directed the Jharkhand Staff Selection Commission to constitute the Expert Committee and refer the entire details of nine questions, as per the reference made at paragraph-4 and 5 of the affidavit along with the materials in aid of the Committee to furnish its opinion. Thereafter, the matters were posted on 7th August, L.P.A. No.297 of 2018 & analogous cases - 13 - 2023 so as to reach the opinion of the Expert Committee on or before the next date of hearing in a sealed cover, for ready reference, the order dated 18th July, 2023 is being referred and quoted hereunder as :- “Order No. 25/Dated 18th July, 2023 1. Reference may be made to the order dated 17.07.2023, in terms thereof, records pertaining to the appellants have been produced and perused. 2. It appears from the order passed by the Hon’ble Apex Court particularly at paragraph-6, 8 and 9, which is being referred as under:- “… … …” 3. This Court, by going through the observation, so made by the Hon’ble Apex Court in the aforesaid paragraphs, is of the view that nine questions, as have been referred in the affidavit dated 22.06.2023, are required to be sent before the Expert Committee, for its opinion. 4. The Staff Selection Commission is hereby directed to constitute the Expert Committee and refer the entire details of nine questions, as per the reference made at paragraph-4 and 5 of the aforesaid affidavit along with the materials in aid of the Committee to furnish its opinion. 5. Let these matters be listed on 07.08.2023, so as to reach the opinion of the Expert Committee on or before the next date of hearing in a sealed cover.” 19. The matters were heard on 28th August, 2023. The opinion of the Expert Committee was produced in the sealed cover which was opened and again the same was sealed. This Court had directed the Jharkhand Staff Selection Commission to produce the fresh tabulation of the marks of the appellants based upon the opinion of the Expert L.P.A. No.297 of 2018 & analogous cases - 14 - Committee on the next date of hearing and the matters were directed to be listed on 12th September, 2023. The order dated 28th August, 2023 is being reproduced hereunder as :- “30/Dated 28th August, 2023 1. Reference may be made to the order dated 18.07.2023. 2. The opinion of the Expert Committee has been placed in sealed cover. 3. The sealed cover has been opened in the Court in presence of learned counsel appearing for the appellants and learned counsel appearing for the respondent-JSSC. 4. The Court has perused the same. 5. It appears from the said report that only the correct answer has been furnished, but its effect upon the answer of the appellants, is not available which is the issue to be considered. Since, if the answer of the appellants, will be in accordance with the opinion furnished by the Expert Committee, then certainly, there will be enhancement in the marks. 6. But, if the answer which has been furnished by the appellants in the answer-sheet is otherwise than the opinion of the Expert Committee, then the same would have different effect, so far as the consideration of the case of the appellant is concerned. 7. But the same is not available, therefore, this Court is hereby directs the Jharkhand Staff Selection Commission to verify the answer-sheet of the appellants on the basis of the opinion of the Expert Committee. 8. Let fresh tabulation of the marks of the appellants be produced based upon the opinion of the Expert Committee on the next date of hearing in a sealed cover. 9. The opinion of the Expert Committee which has been opened in the Court is again being directed to be L.P.A. No.297 of 2018 & analogous cases - 15 - sealed and handed over to Mr. Sanjoy Piprawall, learned counsel appearing for the respondent-JSSC. 10. Let these matters be listed on 12.09.2023.” 20. On 3rd October, 2023 fresh tabulation of the marks of the appellants was produced based upon the opinion of the Expert Committee under sealed cover but, this Court did not find tabulation of marks of the appellants and as such, was not in a position to come to the conclusion as to whether the appellants are to be declared as successful candidates or not. Therefore, on the submission of learned counsel appearing for the Jharkhand Staff Selection Commission that he will seek instruction and come with the entire tabulation of marks obtained from one or the other appellants based upon the opinion of the Expert Committee along with the comparative assessment with the successful candidates in their respective categories, the matters were adjourned for 5th October, 2023. The order dated 3rd October, 2023 is being referred hereunder as :- “31/Dated 3rd October, 2023 1. In pursuant to the order dated 28.08.2023, fresh tabulation of the marks of the appellants has been produced based upon the opinion of the Expert Committee under sealed cover. 2. The sealed cover has been opened for perusal by the Court. 3. We have perused the documents, i.e., 10 in numbers available under sealed cover. 4. This Court, on perusal of the said documents, has not found tabulation of marks of the appellants and as L.P.A. No.297 of 2018 & analogous cases - 16 - such, this Court is not in a position to come to the conclusion “as to whether the appellants are to be declared as successful candidates or not.” 5. Mr. Sanjoy Piprawall, learned counsel appearing for the respondent-JSSC has sought for adjournment for today, so that, he may seek instruction and come with the entire tabulation of marks obtained from one or the other appellants based upon the opinion of the Expert Committee along with the comparative assessment with the successful candidates in their respective categories. 6. We, on consideration of the said submission, are hereby deferring the matter for further hearing on day after tomorrow. 7. Let the documents i.e., 10 in numbers, be sealed and handed over to Mr. Sanjoy Piprawall, learned counsel for the respondent J.S.S.C., forthwith. 8. Let these matters be listed on 05.10.2023.” 21. This Court on 10th October, 2023, after taking into consideration the endeavor taken by the Jharkhand Staff Selection Commission in preparing the tabulation chart based upon the report of the Expert Committee though it proper to bring the said document on record by way of additional affidavit so as to have an access of these documents to the appellants. The order dated 10th October, 2023 is being referred hereunder as:- “Order No. 32 / Dated: 10th October, 2023 Mr. Sanjoy Piprawall, learned counsel appearing for the Jharkhand Staff Selection Commission, has produced the tabulation of marks of the appellants based upon the opinion of the Expert Committee duly been constituted under sealed cover. The same has been opened in open Court. L.P.A. No.297 of 2018 & analogous cases - 17 - This Court, however, considering the prosperity, is of the view that the said Tabulation Chart is to be brought on record by way of an affidavit alongwith the basis of preparation of the merit list. Accordingly, let an affidavit be filed bringing on record the documents under the caps and heads ‘basis of preparation of merit list’ and ‘tabulation of marks’ of the appellants on or before the next date of hearing. Let the said document be returned back to the learned counsel appearing for the J.S.S.C. by sealing it in the sealed cover. List this matter be listed on Monday i.e. on 16.10.2023.” 22. In pursuance of the aforesaid order, affidavit has been filed along with the documents, i.e., ‘basis of preparation of merit list’ and ‘tabulation of marks of the appellants’ based upon the opinion of the Expert Committee. 23. The said affidavit has been served upon the learned counsel appearing for the appellants but no rebuttal affidavit is there and the question regarding propriety of the opinion of the Expert Committee has also not been raised. 24. This Court, based upon the opinion of the Expert Committee which is the basis of tabulation of marks of the appellants from which it is evident that out of 07 candidates, 03 candidates, namely, Sachit Kumar Singh (appellant in L.P.A. No.297 of 2018, Narendra Singh, appellant in L.P.A. No.473 of 2018 and Raj Kishor Tiwari, appellant in L.P.A. No. 475 of 2018 have been declared to be qualified on the basis of enhancement of the marks based upon the opinion of the L.P.A. No.297 of 2018 & analogous cases - 18 - Expert Committee. 25. Appellant Dharmendra Kumar in L.P.A. No.297 of 2018, Bijayendra Kumar Sah, appellant in L.P.A. No.474 of 2018, and Manjay Kumar, appellant in L.P.A. No.580 of 2018 have been declared to be not qualified because combined marks of Paper-2 and Paper-3 is less than 50%. 26. However, appellant Thaneshwar Ravidas in L.P.A. No.476 of 2018 has been declared to be not qualified because combined marks of Paper-2 and Paper-3 is less than 45% and marks in paper-2 is less than 40%. For ready reference the tabulation of marks of the appellants is being referred hereunder as :- 27. This Court, in view of the aforesaid, is of the view that L.P.A. No.297 of 2018 & analogous cases - 19 - the Jharkhand Staff Selection Commission, based upon tabulation of marks of the appellants, is now required to take follow up action in respect of the qualified candidates, namely, Sachit Kumar Singh (appellant in L.P.A. No.297 of 2018, Narendra Singh, appellant in L.P.A. No.473 of 2018 and Raj Kishor Tiwari, appellant in L.P.A. No. 475 of 2018 within the period of four weeks.
Decision
28. Accordingly, all these appeals stand finally disposed of. (Sujit Narayan Prasad, J.) (Navneet Kumar, J.) Birendra/ N.A.F.R.