AMIT KUMAR DUBEY Vs. THE 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.) LEARNED counsel for the respondents -State has submitted by filing counter affidavit that the requisition had been made by the concerned department before the JPSC for filling up the posts of District Fishery Officer -Chief Executive Officer/District Fishery Officer/Lecturer. In terms of the said requisition, the JPSC had started the recruitment process. According to the provision contained in the Rules of Procedure, 2002, the candidates have been selected for interview. Since the petitioner is possessing the minimum qualification of Post Graduate Degree in Zoology (Fisheries), the marks secured by him in Matriculation, Intermediate and the minimum qualification i.e. Post Graduate Degree in Zoology have been calculated on the basis of which the petitioner has obtained 60.44 marks. Learned counsel further submitted that the JPSC has completed the selection process according to the Rules of Procedure, 2002.