PRITAM KUMAR ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner herein is a candidate for appointment under the 4th Combined Civil Services Exam held by the JPSC under the Advertisement at Annexure -2 issued in the year 2010 for recruitment to the various posts in Civil Services under the Government of Jharkhand. The petitioner at the time of making his application, submitted a caste certificate issued by the Sub Divisional Officer, Sadar, Hazaribagh dated 17.05.2008 in the prescribed form of Government of India which showed him as a candidate belonging to the Other Backward Classes. He appeared in the preliminary exam as a Backward Class category candidate and filled up his form in the written exam along with certificates earlier annexed at the time of preliminary exam. He appeared in the written exam for which he was issued an admit card (Annexure -4/1) which, according to him, did not contain any column of category. Petitioner later on discovered that under the Advertisement No. 4/2001 issued by the JPSC on 17.02.2012, asking the candidates who were successful in the preliminary exam, he was required to submit a certificate of caste and residence issued by the competent authority by specified date i.e. 09.03.2012 along with the written exam form. Guidelines thereof at Clause -28 specify that the benefit of reservation is admissible to the residents of Jharkhand and those who wish to avail of the benefit of reservation have to submit a certificate of residence and caste issued by the competent authority i.e. Deputy Commissioner / Sub Divisional Officer, as specified under the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand Notification No. 3389 dated 22.09.2001 and letter no. 4156 dated 17.07.2002, issued specifically for the purposes of employment. If any candidate fails to enclose the aforesaid certificates, his candidature will be considered under the unreserved category and there would not be any relaxation in age limit or in matters of reservation. The format was also enclosed. The said guidelines were meant for filling up forms for the written exam. Petitioner claims to have submitted a certificate of residence (for the purposes of employment) issued by the Sub Divisional Officer, Hazaribagh on 27.07.2012. The petitioner was also informed by letter dated 28.08.2012 on his application by the JPSC by letter no. 2494 (Annexure -5/1) that since he has failed to submit the certificate of residence, caste, OBC certificate within the time prescribed for making application for appearing in the mains written exam, he would not be entitled for the benefit of reservation. Petitioner claims to have again represented on 03.09.2012 which is also enclosed to the writ petition where he categorically states that he had submitted the certificates on 13.08.2012 and receipt thereof is enclosed along with the said representation. He also states that in the preliminary exam, his results are shown in the OBC category but it is now being said that he would be denied the benefit of reservation in the written exam.

(3.) ON the basis of the aforesaid factual foundation, he has approached this Court with the prayer to declare that a caste certificate issued in the requisite format by the competent authority of the Jharkhand State along with the application form with residential certificate accepted by the respondents, cannot be refused after publication of results of preliminary exam which has resulted in declaration of his results as a General Category Candidate, though he has produced the copies of original certificate prior to interview; for declaration that the parameter of caste certificate cannot be changed by the respondents midway in the recruitment process as is being done by Annexure -4 and letter dated 28.08.2014 (Annexure -5); For declaration that the petitioner should be considered for appointment as he has secured more marks than the last selected candidate. He has also sought a writ of mandamus upon the respondent no. 1 - State of Jharkhand not to act upon the recommendation of the JPSC in respect of candidates of Other Backward Classes who have secured lesser marks than the petitioner or to keep one vacancy unfilled as he has secured six marks more than the last selected candidate in the OBC Category.