(1.) The issue involved in this writ application is as to whether the petitioner on being selected by the Jharkhand Public Service Commission is entitled to be appointed on the post of Director of Agriculture, Government of Jharkhand? The facts leading to filing of this writ application are that the State Government, pursuant to direction given in W.P. (S) No. 1638 of 2007 by this Court, took steps for filling up the post of Director of Agriculture on regular basis whereby an advertisement was Issued in February, 2010 by Jharkhand Public Service Commission inviting applications from the eligible candidates for appointment on the said post. One of the eligibilities with respect to experience was that the candidates must have experience of the work in the field for 20 years and that he must have administrative experience of 5 years. Pursuant to that the petitioner and other candidates applied for. The Jharkhand Public Service Commission having found the petitioner and others eligible called them for inter-view. The Commission having found three persons including the petitioner suitable for the appointment made a panel and sent it to the Government for appointment on the said post. However, the recommendation was made with following riders :
(2.) Thereupon, the Deputy Secretary, Department of Agriculture and Sugarcane, Government of Jharkhand, vide its letter dated 20.7.2010 (Annexure 5) while intimating the petitioner that his name has been recommended provisionally for appointment on the post of Director of Agriculture, asked the petitioner to submit the documents in original photo copies of which had been submitted before the Jharkhand Public Service Commission along with the affidavits relating to place of present posting, permanent/temporary address for correspondence, experience and also on the point as to whether he had been convicted or had been proceeded with the departmental enquiry. Pursuant to that, the petitioner did appear before the Deputy Secretary of the Department on 29.7.2010 with all the testimonials as required under letter dated 20.7.2010. Thereupon, the Deputy Secretary vide its letter dated 3.8.2010 (Annexure 6) made request to the Director-in-Chief, Health and Family Welfare Department, Government of Jharkhand to submit medical report after examining the petitioner.
(3.) However, it is the case of the State that on receiving the recommendation, a committee consisting of three persons was constituted for verification of the original documents. According to the statement made in the counter affidavit, three members committee after examining the certificates produced including the certificate relating to the experience did report about the experience of the petitioner which is as follows :--