GYAN GAUTAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) A coordinate Bench of this Court received a letter dtd. 22/2/2022 sent by the District Bar Association, Koderma jointly signed by the President and the General Secretary of the District Bar Association, Koderma which was brought to the notice of the learned Single Judge wherein it was stated that there was only one Public Prosecutor who was catering to the four Sessions Court and the said Public Prosecutor superannuated on 31/12/2021, hence then there was no Public Prosecutor to cater to the Sessions Court in the District of Koderma and in that view of the matter the learned Single Judge has treated that letter as Public Interest Litigation and directed to place it before the Hon'ble The Chief Justice and that is how W.P.(PIL) No.869 of 2020 was registered. Since the Division Bench of this Court was in seisin of the matter related to the appointment of the Assistant Public Prosecutor a number of writ petitions were referred by the learned Single Judge before the Division Bench and how all those petitions have been heard together. A number of petition was decided by the judgment dtd. 30/11/2022 passed in Court in its Own Motion versus The State of Jharkhand in W.P.(PIL) No.3515 of 2021 along with other writ petitions referred by the learned Single Judge. These two petitions are also on the Board and on request of learned counsel appearing for the petitioners these two matters were detached from the said cases which has been decided by the judgment dtd. 30/11/2022 and that is how these two petitions have been heard today.

(2.) In W.P.(S) No.4073 of 2021 the prayer is made to cancel the result of main examination with regard to appointment of the Assistant Public Prosecutor held against the advertisement no.3/18 and re-publish the same in accordance with the terms and conditions as well as the provisions to conduct the examination provided under the advertisement no.3/2018 issued by the Jharkhand Public Service Commission. The prayer is also made for direction upon the respondent no.4 and 5 to not change the policy or the terms and condition for conducting the examination and during the period the process of recruitment was initiated. The prayer is also made to reduce the cut-off marks in regional languages and re-fix the same in parallel to the other compulsory subjects.

(3.) In W.P.(S) No.3145 of 2021 the prayer is made for commanding upon the respondents to declare the result of written test of Assistant Public Prosecutor strictly in terms of Clause 9(9) of advertisement no.3/2018. The further prayer is made for quashing of the part of the advertisement issued by advertisement no.3/2018 by the Jharkhand Public Service Commission to the extent under Clause (8) of the advertisement. The minimum qualifying passing marks assigned for regional language is not inconsonance with the law since for minimum qualifying marks in other two compulsory subjects mainly Hindi and English is 30.