UTTAM KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred for quashing and setting aside the Advertisement No. 252(ii)/2021-21 so far it relates to appointment on the post of Junior Engineer (contractual) since the applicability of 10% reservation for Economically Weaker Sec. (EWS) has not been implemented in the said advertisement despite the fact that the Government of India, vide an office memorandum dtd. 31/1/2019, has introduced 10% reservation for EWS in direct recruitment in civil posts and services of Government of India and pursuant thereto, the State of Jharkhand has also introduced reservation quota of 10% for EWS by amending the Reservation Rules, 2001. The said decision has been published vide notification dtd. 25/2/2019 superseded by another notification dtd. 8/7/2019. Further prayer has been made for quashing and setting aside the primary provisional merit list as well as entire examination process for the post of Junior Engineer (contractual) pursuant to the Advertisement No. 252(ii)/2020- 21 so far it relates to provisional selection of candidates who are B.Tech degree holders as they are not eligible in terms with the said advertisement.

(2.) In course of argument, learned counsel for the petitioner has confined the prayer to the extent of quashing the provisional merit list prepared for the post of Junior Engineer (contractual) pursuant to the Advertisement No. 252(ii)/2020-21 wherein the B.Tech degree holders have also been made eligible for the said post and included in the provisional merit list.

(3.) The factual background of the case as stated in the writ petition is that in the light of Resolution No. 395 dtd. 19/2/2021 issued under the signature of Director-cum-Joint Secretary, Department of Rural Development (Panchayati Raj), Government of Jharkhand by order of the Hon'ble Governor of Jharkhand, the Deputy Commissioner, Ranchi (the respondent no. 3) floated Advertisement No. 252(ii)/2020-21 for Ranchi district inviting applications from eligible candidates to the posts of Junior Engineer and Account Clerk-cum-Computer Operator on contractual basis under 15th Finance Commission. As per the said advertisement, the essential qualification for the post of Junior Engineer (contractual) was Diploma in Civil Engineering or equivalent with minimum 60% marks from recognized university/institution, however for the candidates belonging to Scheduled Castes/Scheduled Tribes, the minimum marks was fixed as 50%. The petitioner having Diploma in Engineering and being eligible, applied for the said post and participated in the examination process. In the said advertisement, "higher qualification in the concerned field" was mentioned as "desirable qualification". The petitioner being diploma holder in civil engineering was shocked and surprised to see the provisional merit list for appointment to the post of Junior Engineer (contractual) which was prepared on the basis of marks obtained by the candidates mentioning their educational qualifications wherein huge number of candidates being direct B.Tech degree holders were shown as selected in spite of the fact that as per the terms of the advertisement, the essential qualification was only restricted to Diploma in Civil Engineering or equivalent. Hence, the present writ petition.