PANKAJ KUMAR PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this appeal, the appellants in substance question the legality of mains examination conducted by Jharkhand Public Service Commission for entry into various administrative posts in the State of Jharkhand after they were unsuccessful on this count before the learned First Court. This examination is termed as "Combined Civil Services Examination". There are three phases through which the examination is to be held being preliminary, mains and oral interview. The two appellants, who were successful candidates in the preliminary examination, have questioned the action of the authorities in increasing the number of candidates for the mains examination. According to them, only 5138 candidates were successful in the preliminary examination to qualify for the mains. Thereafter, on the basis of two notifications, the list of successful candidates in the preliminary examination have been enlarged and in the mains examination which has commenced today itself, altogether 34,634 candidates are being allowed to sit. The writ petition of the two appellants was dismissed by the learned First Court mainly on the ground that the appellants, being the writ petitioners before the learned First Court, were not aggrieved by such action.

(2.) Mr. Mazumdar, learned senior counsel appearing for the appellants, however, has argued that in the event there is deviation from the rules prescribed for the examination midway, then such deviation from the rules itself gives rise to cause of action which was capable of being legally assailed by a candidate.

(3.) Learned Advocate General has appeared on behalf of the State and Mr. Piprawall has appeared on behalf of the J.P.S.C. At this stage, common submission of these two authorities follows the line of reasoning on which the learned First Court has dismissed the writ petition. Both of them have also argued that since none of the candidates who has got a chance to sit in the mains examination has been impleaded as respondent in the writ petition and hence in the appeal also, the proceeding ought to fail for non-joinder of necessary parties.