EQBAL AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Let the defects, if any, in the aforesaid cases, be ignored for the present.

(2.) In this batch of writ petitions, the prayer has been made to allow the petitioners to appear in Jharkhand Finance Service (Limited) Competitive Examination, which is scheduled to be held on 20th May, 2018, pursuant to Advertisement No. 10/2010, read with Press Communique, dated 06.02017 issued by Jharkhand Public Service Commission for appointment to the post of Commercial Tax Officer. Further prayer has been made to treat the date of confirmation of the petitioners issued /made prior to 30.11.2010 i.e. before the cutoff date in view of the confirmation of the services issued retrospectively.

(3.) An advertisement being Advertisement No. 10/2010 was floated by the Jharkhand Public Service Commission, published in daily Hindustan Times, Ranchi edition, Ranchi on 09.10.2010 for appointment to the post of Commercial Tax Officer through Limited Departmental Examination. As per this Advertisement, a candidate having Graduate or equivalent degree from a recognized University is entitled to participate, provided he is working for more than five years in Government Service on a Class- III post. The petitioners having the requisite qualifications in pursuant to said advertisement, applied for the said post. The applications of the petitioners were forwarded through proper channel to J.P.S.C and the same were received in the office of Jharkhand Public Service Commission well within the last date of submission of application form. It is the specific case of the petitioners that Jharkhand Public Service Commission published a Press Communique, which was placed on the website of JPSC and candidatures of 908 candidates were rejected, but the name of the petitioners did not find place in the said list of rejected candidates. It was assumed that the case of petitioners have been accepted for participating in the exams. The petitioners were hopeful for participating in the said examinations but, a Press Communique was issued by JPSC, on 6th February, 2017, whereby the candidates have been asked to submit on or before 20.02.2017, the certified copy of the entries made in the service book, relating to confirmation of his/her services. It is further stipulated that the entries related to confirmation must have been made prior to cut-off date i.e. 01.04.2005. In pursuance thereto, all these petitioners submitted their confirmation letter related to confirmation of services before the JPSC. The said press release was challenged before this Court by way of writ petitions and this Court vide order dated 10.05.2017 passed in W.P.(S) No.1094 of 2017 and other analogous cases made clarification to the above mentioned press release that no exception can be taken to the press release dated 06.02.2017 requiring the candidates to produce his/her service-book evidencing confirmation in service as on 01.04.2005. The affidavit filed by the respondent-State makes the candidates eligible, even if their order of confirmation in service is issued on the last date of application, however, it relates back to on or before 01.04.2005. The Commission shall accept the application of those candidates who has completed 5 years of continuous service as on 01.04.2005 and their service has been confirmed w.e.f. 01.04.2005 or from a prior date. Subsequently, a press release has been issued by JPSC in which the examination for Commercial Tax Officer (Limited ) Competitive Examination is scheduled to be held on 20.05.2018 and also whereby and whereunder a rejection list was published and the petitioners' application for appointment to the post of Commercial Tax Officer Limited Examination (Advertisement No. 10/10) has been rejected on the ground that the confirmation order was issued after 30.11.2010 i.e. the last date of submission of application form irrespective of the fact that the petitioners fulfilled all eligibility criteria, though their confirmation letters were issued after 30.11.2010 but the services of the petitioners were confirmed w.e.f retrospective dates that falls well before the cut off date i.e. 01.4.2005.