SANTOSH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The appellant is aggrieved against the judgment dated 28th March, 2012 by which appellants writ petition being W.P. (S) No. 4355 of 2009 has been dismissed.

(2.) The petitioner was candidate in Combined Civil Services Examination conducted by the Jharkhand Public Service Commission and he successfully passed the preliminary examination and was also permitted to appear in the Mains Examination and thereafter, he was allowed to take part in the interview also. However, petitioner was found to be an ineligible candidate in view of the fact that the petitioner could not pass the Graduation before the cut-off date which was 14.12.2006 i.e. the last date for submission of the form for Mains Examination. Admittedly, petitioner's result was declared on 27.2.2007, much after the cut-off date.

(3.) Learned counsel for the appellant vehemently submitted that the Full Bench of this Court in the case of Md. Sajjad Ali vs. State of Jharkhand & Others, 2008 3 JCR 208, while considering the similar issue, observed that the candidate whose result has not been declared but has already undergone the Teachers' Training for the purpose of appointment to the post of Teacher, was eligible candidate. Learned counsel for the appellant also submitted that since the discretion was with the Jharkhand Public Service Commission itself to decide the eligibility of any candidate and they permitted the petitioner to appear in the Mains Examination even after knowing it well that the petitioner yet is not a candidate who has passed the graduation in view of petitioner's annexing of the certificate obtained from the college that his result has not been declared, yet he was permitted to take part in the Mains Examination and the interview. Therefore, in that situation, the Jharkhand Public Service Commission was also of the view that the petitioner was an eligible candidate.