AKHILESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has approached this Court with the following prayers:-

(3.) Sans details, the facts as averred in the writ petition, in a nutshell is that an advertisement was issued by the Bihar Public Service Commission in the unified State of Bihar for appointment and pursuant thereto, the petitioner being eligible applied. As per the merit list, the name of the petitioner appeared at Sl. No. 98 and it duly recorded the category of the petitioner as 'scheduled tribe', which would be evident from the merit list prepared by the Bihar Public Service Commission dated 24.07.1995 and the name of one Asim Bara also appeared at Sl. No. 44 in the aforesaid merit list. Thereafter, the petitioner joined his services on the post of Co-operative Extension Officer in terms of appointment letter dated 10.11.1995 and service book of the petitioner was opened on 17.04.1997 in which column no. 5, which was meant for the scheduled tribe category, the petitioner has been shown as Schedule Tribe. This service book of the petitioner bears the caste of the petitioner also as 'Gond'. After bifurcation of the State of Bihar, the petitioner was allocated to the successor State of Jharkhand where the petitioner has been working with full devotion tp his duty. The State of Jharkhand issued an advertisement through Jharkhand Public Service Commission (hereinafter referred to as JPSC) being advertisement No. 05/2005 for appointment on the post of Deputy Collectors through Limited Departmental Examination, which was meant for Class-III employee of the State. On perusal of the said advertisement, it appears that the benefit of reservation was to be extended to those employee/candidates only, who would submit a certificate to that effect duly issued by his controlling Officer or the head of the Department. Pursuant thereto, the petitioner being eligible, applied on the post of Deputy Collector. Thereafter, the JPSC issued admit card to the petitioner and accordingly, he appeared in the examination.