MANOJ KUMAR GUPTA Vs. STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY, DEPT. OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF JHARKHAND, RANCHI

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the State, as also learned senior counsel for the respondent, Jharkhand Public Service Commission (herein after referred to as J.P.S.C. ).

(2.) An advertisement was issued, being Advertisement No. 01-JET dated 19.7.2006, inviting the applications for appearing in the Eligibility Test for the post of Lecturer in different universities in the State of Jharkhand. The petitioner appeared in the said Eligibility Test, but he was not declared successful in the test and when the petitioner sought information under the Right to Information Act, he was informed by the respondent, J.P.S.C. vide letter dated 25.6.2007, as contained in Annexure-2 to the writ application, that the petitioner had got 52% of the average marks in three papers and according to the U.G.C. guidelines, the cut off marks was fixed as 60% for General and OBC candidates. The petitioner being the OBC candidate, was not declared successful, due to the fact that he had not obtained the minimum cut off marks, fixed by the U.G.C.

(3.) It may be stated that in the meantime, similarly situated another candidate had filed W.P(C) No. 5095 of 2007 (Amardeep Vs. The State of Jharkhand and Ors.) in this Court, whose candidature was also rejected due to the fact that he had bagged less than 60% of the cut off marks in the three papers in JET Examination. The Honourable Single Judge, by order dated 05.03.2009, allowed the writ application in the following terms:-