LAWS(MPH)-2019-11-28

NEERAJ SAHU Vs. SECRETARY

Decided On November 19, 2019
Neeraj Sahu Appellant
V/S
SECRETARY Respondents

JUDGEMENT

(1.) In this petition, the petitioners have prayed for following reliefs:-

(2.) The spinal issue needs determination in this case is whether the impugned selection can be interfered with because respondent-Public Service Commission (PSC) has not applied the "scaling method" for assessing the merits of the candidates and whether at the instance of petitioners who participated in the recruitment process without raising any objection and failed, the merit list can be directed to be redrawn by applying "scaling method".

(3.) The admitted facts between the parties are that the petitioners along with the other candidates submitted their candidature for the post of Scientific Officer pursuant to the advertisement dated 03.06.2013 (Annexure-P/1). They participated in the selection, but their names could not find place in the selection list. The petitioners filed this petition by contending that the "scheme of examination" (scheme) (at page No.14) makes it clear that for the post of Scientific Officer out of five optional subjects, the candidate could have opted for one of such subject. Accordingly, the candidates, who participated the selection performed in the related subject based on their option in relation to the subject. Since, post of Scientific Officer was to be filled up from the candidates who have written examination in different subjects, the respondent should have applied the method of scaling/normalization as held by the Supreme Court, Chhattisgarh High Court and other Courts.