SURJA KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, the petitioner has interalia prayed for quashing of the order dated 29.08.2013 pertaining to rejection of representations of the petitioner filed in deference to order passed in W.P.(S) No.3353 of 2013. Further, prayer has been made by the petitioner for consideration of his case afresh by treating him to be a S.T.(Scheduled Tribes) candidate for the post of Deputy Collector in pursuance to the 4th Limited Dy. Collector Recruitment Examination, 2013 on the ground that decision of the respondents in declaring him under General Category Candidates thereby debarring him from the consideration as Scheduled Tribes candidates as bad in law.

(2.) The brief facts of the case is that the petitioner, though belonging to Schedule Tribe Category, applied for the post of Deputy Collector in pursuance to Advertisement No.9/2010 for the 4th Limited Dy. Collector Recruitment Examination, 2013. The result was published by the Jharkhand Public Service Commission and the petitioner has been shown to be unreserved category and declared unsuccessful. Being aggrieved by the action of the J.P.S.C., the petitioner approached this Court in W.P.(S) No.3353 of 2013 and the said writ petition was disposed of vide order dated 16.08.2013 with a direction to the petitioner to file a representation before the respondent no.3 i.e. Controller of Examination, J.P.S.C. to verify the records of the petitioner and pass a reasoned order within stipulated period. In reference to direction of this Court on the representation filed by petitioner, the order vide Annexure-6 dated 29.08.2013 has been passed by the respondents which is under challenge in the instant writ application. Being aggrieved by the said order, the present writ application has been filed by the petitioner under Article 226 of the Constitution of India for redressal of his grievances.

(3.) Learned counsel for the petitioner has vehemently submitted that on perusal of Annexure-3, it would be evident that the petitioner has secured marks 114.65 and has been declared as unsuccessful and the cut off marks under S.T Category was 113.70. Therefore, had petitioner been considered under S.T Category, then he would have been selected for the post in question. In this respect, the petitioner has referred to a decision rendered by the Hon'ble Apex Court in the case of Ram Kumar Gijroya Vs. Delhi Subordinate Services Selection Board & Another as reported in, 2016 4 SCC 754 wherein the Hon'ble Apex Court while considering the question of law has held that 'as to whether a candidate who appears in examination under the O.B.C category and submits certificate after the last date mentioned in the advertisement is eligible for selection to the post under the O.B.C. Category or not'. The Hon'ble Apex Court has rendered the judgment in the affirmative. Learned counsel for the petitioner submits that the case of the petitioner ought to be considered in the light of the aforesaid judgment in the ratio of the Hon'ble Apex Court. Moreover, the petitioner's residence is Jharkhand and belongs to S.T Category and has produced the caste certificate of the Block Development Officer, Latehar and the examination is limited examination confined to candidates not an open competition. Therefore, the respondents ought to have considered liberals without a hyper technical view. Learned counsel for the petitioner further submits that the caste certificate issued by the Block Development Officer who is the authority to issue the certificate could not have been brushed aside by the respondents and Clause-13 of the advertisement relating to submission of caste certificate from concerned officer issued at the level of Sub Divisional Officer is directory and not mandatory in nature. Therefore, action of the respondents in rejecting representations of the petitioner in the impugned order, vide Annexure-6 suffers from non-application of mind being in the teeth of Articles 14 and 16 of the Constitution of India.