RAKESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) COUNSEL for the petitioner submitted that the petitioner had applied for the post of Medical Officer in pursuance of the public advertisement dated 10th November, 2010, which is at Annexure1 to the memo of the present petition. The petitioner is Bachelor in Medicine and Bachelor in Surgery (hereinafter referred to as 'MBBS' for the sake of brevity). The petitioner is a Scheduled Caste Category candidate. It has been further submitted by the counsel for the petitioner that these facts have been highlighted in paragraph nos.7, 8, 9 and 10 to the memo of the present petition substantiated by necessary evidences and these facts have not been controverted in the counter affidavit filed by the respondents neither by the State nor by the Jharkhand Public Service Commission. The petitioner has secured 226 marks out of total 400 marks. Looking to the public advertisement, which is at Annexure1, there are total 218 posts of Medical Officer advertised out of which 22 posts are reserved for Scheduled Caste Category candidates.

(2.) COUNSEL for the petitioner further submitted that the petitioner in his application has also annexed the caste certificate and residential certificate, which are at Annexures2 and 3, respectively. Counsel for the petitioner further pointed out that looking to Annexure4, which is an 'Admit Card issued by the Jharkhand Public Service Commission for appearing in the examination, the said Admit Card contains the photograph of the petitioner, the name of the petitioner, the roll number of the petitioner and the category namely, Scheduled Caste. Thus, the petitioner belongs to Scheduled Caste Category and even the address of the petitioner is also reflected from Annexure4. It is further submitted by the counsel for the petitioner that the petitioner is a highly meritorious candidate and therefore, he has secured much more marks whereby, the petitioner can even compete with General Category candidates. Petitioner's result has been published, as per Annexure5, in General Category candidate (the roll number of the present petitioner is 94000603, which is reflected at internal page22 of the memo of the present petition). It is further submitted by the counsel for the petitioner that there were six candidates, who were called for oral interview, who belong to Reserved Category namely, Scheduled Caste Category candidates. Looking to this result published by the Jharkhand Public Service Commission at Annexure5 at internal page24, it has been mentioned that Reserved Category candidates (Scheduled Caste), who have secured 25 % marks and above are invited to appear at the interview. The written test taken was of total 400 marks and the petitioner has secured 199 marks. Thus, the petitioner has secured more than 25% of the total marks in the written examination and therefore, he ought to have been called for oral interview in Reserved Category i.e. Scheduled Caste Category candidates, but, instead of doing this, the result of the petitioner has been published illegally under the Unreserved Category.

(3.) COUNSEL for the petitioner submitted that there are overlapping errors committed by the respondents. It is submitted by the counsel for the petitioner that the petitioner has obtained 27 marks in the viva voce test out of total 40 marks. Thus, the petitioner has secured 226 marks out of total 440 marks. The total marks obtained by the petitioner is much higher marks than the lastly selected candidates in the General Category.