SUJATA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By filing this intra court Appeal, the appellant-writ petitioner has challenged the order dtd. 1/9/2022 passed by the learned Single Judge in W.P.(S) No. 3575 of 2011, whereby the writ petition filed by the writ petitioner-appellant before the learned Single Judge was dismissed. The appellant-writ petitioner by filing the writ petition has prayed for a direction upon the respondents to consider the application of the writ petitioner for evaluating her answer sheets which is pending before respondent Nos. 3 and 4 since 2006. Further prayer has been made for considering the candidature of the writ petitioner for appointment to civil services posts as the cut-off marks as per the Jharkhand Public Service Commission (JPSC) was 884, whereas, the writ petitioner has secured 879 marks and there has been no re-evaluation of GS-II and therefore, she had been denied her legitimate rights to be appointed to the said post.

(2.) The respondent-JPSC vide Advt. No.11/2002-03 had published notification of 1stCivil Services Examination, 2003 for appointment to different Civil Posts and pursuant to which the writ petitioner applied for the same and had been issued with the Admit Card. Thereafter, the writ petitioner appeared in the 1stCivil Services Mains Examination and was declared successful in the same. Thereafter, she faced the interview. The specific case of the writ petitioner is that in the entire selection process, she has done exceptionally well and hence, she was under the impression that her name will figure in the final merit list. However, when the final merit list was published her name was not forming part of it. She applied for re-evaluation of her answer- sheets. Thereafter, she received her mark-sheet by which she was informed that she obtained 66% marks in optional papers i.e. History and Zoology and 70% in General Studies-I, whereas, in G.S.-II, she has obtained 45% marks only. On 8/7/2006, she applied for re- totaling of the marks as she was apprehending manipulations in the results by respondent Nos. 3 and 4. After filing of the representation, she also sought information under RTI Act as to the action taken on her representation submitted on 8/7/2006. As she was not given any reply the writ petitioner approached the 1stAppellate Authority and thereafter, before the State Information Commission for providing copy of the Paper-II of General Studies but the respondent-JPSC did not provide her copy of the said paper. Hence, the writ petitioner has approached this Court for redressal of her grievances.

(3.) The respondent-JPSC, inter alia, pleaded in the counter affidavit that written examination of 1stCombined Civil Services Mains Examination, 2003, was held from 23/6/2005 to 3/7/2005 and the writ petitioner has not been recommended by the JPSC for appointment in view of the fact that she has secured less marks than the last recommended candidate in her category.