LAWS(JHAR)-2018-11-106

PUNAM KUMARI RAVIDAS Vs. JHARKHAND PUBLIC SERVICE COMMISSION

Decided On November 29, 2018
Punam Kumari Ravidas Appellant
V/S
Jharkhand Public Service Commission Respondents

JUDGEMENT

(1.) In the captioned writ application, the prayer has been made for direction upon the respondents to cancel the proceeding dated 11.03.2012 since the name of the petitioner having secured higher marks has not been published in the successful list of the candidates, though, the candidates having lesser marks and having lower rank have been called for interview.

(2.) The brief facts, as has been delineated in the writ application, is that in pursuance to advertisement for the post of J.P.S.C Assistant and Personal Assistant Examination 2011, the petitioner applied for the said post. After due process of selection when the result was published in the News Paper, the name of the petitioner did not find place in the select list. It has been averred in the writ application that the petitioner belongs to Schedule Caste category and in the merit list her rank is 503 having secured 164.78 marks and other candidates belonging to Schedule Caste having secured less marks have been called for the interview. Being aggrieved by the non-selection of the petitioner in spite of securing higher marks under Schedule Caste category, left with no alternative, the petitioner has been constrained to approach this Hon'ble Court under Article 226 of the Constitution of India for redressal of her grievances.

(3.) Learned counsel for the petitioner has strenuously urged that the respondents without considering the residential certificate produced by the petitioner has in a most cavalier fashion has ignored the case of the petitioner, which is in breach of Article 14 and 16 of the Constitution of India. Learned counsel further submits that the respondent being a constitutional authority ought to have considered the case of the petitioner in right prospective and that having not been done, the action of the respondent amounts to high-handedness and capriciousness.