AMIT KUMAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The grievance of the petitioner is that although he is eligible to be called for in the interview for consideration of his case for appointment to the post of District Fishery Officer-cum-Chief Executive Officer/District Fishery Officer/Lecturer pursuant to an advertisement being Advertisement No. 16/2011 dated 21.8.2011, issued by the Jharkhand Public Service Commission, Ranchi (JPSC), but he has not been called for in the interview on the ground of having secured lesser marks than the marks obtained by the last selected candidate under the General Category. Further grievance of the petitioner is that the respondents-JPSC has not calculated the marks of his academic career according to Rule 5(3)(a) of the Jharkhand Public Service Commission Rules of Procedure, 2002 and he has been allotted lesser marks by not calculating the marks secured by him in Graduation.

(2.) Learned counsel for the petitioner has submitted that the JPSC being a Constitutional Body is supposed to follow the Rules of Procedure, 2002 and if the provision of the said Rules would have been followed, the petitioner would have got 64.11 marks, which is more than the marks obtained by the last selected candidate under the General Category i.e. 62.60 marks.

(3.) On the other hand, learned counsel for the respondents-JPSC has submitted that the Rules of Procedure, 2002 have been followed in its letter and spirit. Since the petitioner has been found eligible on the basis of his minimum qualification of Post Graduate Degree in Zoology (Fisheries) from a recognized University, as such the marks obtained by him in his educational career right from Matriculation to Intermediate and the minimum qualification i.e. Post Graduate Degree in Zoology has been taken into account, and as per the procedure laid down in the Rules ofProcedure, 2002, since the petitioner has obtained only 60.44 marks, which is less than the marks obtained by the last selected candidate under the General Category, he has not been called for in the interview. The contention of the petitioner that his marks of Graduation ought to have been added, cannot be accepted in view of the fact that since the petitioner is not possessing the minimum qualification of B.Sc.(Zoology) along with certificate in two years diploma in Fisheries Science Course from Central Institute of Fisheries Education, Mumbai or Bachelor in Fisheries Science from any recognized University (B.F.Sc.), as such the marks obtained by him in Graduation cannot be added and the JPSC has added the marks of his minimum qualification of Post Graduate Degree in Zoology (Fisheries). If the marks obtained by the petitioner in Graduation would have been added, the same would lead to give premium to the petitioner because as per the Rules of Procedure, 2002, the candidates would be selected for interview on the basis of their career marks to be calculated on the basis of percentage of marks obtained in each examination from Matriculation upto the level of minimum qualification required. Referring to the Rules of Procedure, 2002, learned counsel submitted that the marks obtained by the petitioner in Matriculation, Intermediate and the minimum qualification, which is Post Graduate Degree (Fisheries) has been added. Since the petitioner has obtained 60.44 marks on that basis, which is less than the marks obtained by the last selected candidate under the General Category, the petitioner has not been found fit to be called for in interview.