Kailash Kumar & Others vs The State Of Jharkhand & Others
2022 Latest Caselaw 934 Jhar

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                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P.(C) No. 914 of 2022
            Kailash Kumar & Others                                      ..... Petitioners
                                           Versus
            The State of Jharkhand & Others                             ..... Respondents
                                             With
                                 W.P.(C) No. 913 of 2022
            Shailendra Kumar                                            ..... Petitioner
                                           Versus
            The State of Jharkhand, through the Chief Secretary, Ranchi & Others
                                                                        ..... Respondents
                                             -----

CORAM HON‟BLE MR. JUSTICE RAJESH SHANKAR

-----

            For the Petitioners:       Mr. Ajit Kumar, Sr. Adv.
                                       [W.P.(C) No. 914/2022]
                                       Mr. Indrajit Sinha
                                       [W.P.(C) No. 913/2022]
            For the State:             Mr. Mohan Kumar Dubey, A.C to A.G
            For the JPSC:              Mr. A. K. Das
            For the Intervener:        Mr. Amritansh Vats
                                       [W.P.(C) No. 914/2022]
                                             -----


03/09.03.2022      These cases are taken up through Video Conferencing.

                          I.A. No. 1875/2022 [W.P.(C) No. 914/2022]

The present interlocutory application has been filed on behalf of the

applicants, who are the selected candidates in the revised selection list prepared

for the Main Examination of Jharkhand Combined Civil Services Competitive

Examination, 2021 (Advertisement No. 01/2021) published by the Jharkhand

Public Service Commission (JPSC), Ranchi, seeking their intervention in the

present writ petition.

Having heard learned counsel for the parties and keeping in view that

outcome of the present writ petition will affect the interest of the applicants/

interveners, they are permitted to be impleaded as party respondents in the

present writ petition.

The present interlocutory application stands disposed of.

Learned counsel for the petitioners shall carry out the necessary

amendment in the cause title of the present writ petition by 14.03.2022.

W.P.(C) Nos. 914/2022 & 913/2022

Both these writ petitions have been preferred challenging the revised

result of the Preliminary Examination of Jharkhand Combined Civil Services

Competitive Examination, 2021 uploaded on the website of the JPSC on

17.02.2022 in pursuance of Advertisement No. 01/2021 claiming that the same

is against Rule 17(ii) of the Jharkhand Combined Civil Services Rules, 2021

[hereinafter referred to as „the Rules, 2021‟] as amended by the Jharkhand

Combined Civil Services Examination (1st Amendment) Rules, 2021.

2. The petitioners, by way of interim measure, pray for issuance of direction

upon the respondent-JPSC to allow them to participate in the Main Examination

of Jharkhand Combined Civil Services Competitive Examination, 2021 which is

scheduled to be held from 11.03.2022 to 13.03.2022, subject to final outcome

of the present writ petitions or in alternative, to stay the implementation of the

revised P.T result.

3. Learned Sr. counsel for the petitioners submits that as per Rule 17(ii) of

the Rules, 2021, only if adequate number of candidates i.e. approximately 15

times of the total number of advertised posts belonging to the reserved

categories are not available to be declared qualified for admission to the Main

Examination, the cut-off marks is to be lowered till adequate number of

candidates belonging to these categories are declared qualified for the Main

Examination, however, the same is not applicable to the Unreserved category. It

is further submitted that there are several infirmities in the revised P.T result

published by the JPSC wherein the cut-off marks of the General category

candidates has been reduced from 260 to 248 due to which the number of

candidates of General category has increased from 740 to 1552, however, the

same is not 15 times of the advertised vacancies of 114 relating to the said

category. Moreover, the cut-off marks of ST, SC and EWS candidates have been

increased in the revised result due to which several candidates belonging to the

said categories, who were shortlisted in the previous list, have been thrown out

on this occasion. On the one hand, the cut-off marks of the candidates

belonging to ST, SC and EWS categories has been increased so as to reduce the

number of candidates selected under these categories and on the other hand,

the cut-off marks of Extremely Backward Classes (Annexure-I) and Backward

Classes (Annexure-II) categories has been lowered down, due to which,

approximately 50 times candidates have been shortlisted against notified

vacancies under Extremely Backward Classes (Annexure-I) and BC-II category in

the revised P.T result, which shows arbitrariness on the part of the respondents.

It is further submitted that the respondent-JPSC has selected total number of

4885 candidates in the revised list in comparison to the previous list wherein

only 4174 candidates were selected leading to a situation that 711 additional

candidates have now been added in the revised list of qualified candidates

whereas 406 candidates including the petitioners have wrongly been ousted

only from three categories i.e. SC, ST and EWS, who were earlier declared

successful. It is also contended that the respondents have not mentioned the

cut-off marks and the number of candidates selected under Physically

Handicapped category. It is further pointed out that the petitioner Nos. 3 & 4,

who belong to Physically Handicapped category, have been ousted from the

revised list, and thus have been deprived of appearing in the Main Examination.

4. Learned Sr. counsel for the petitioners while assailing the revised P.T list,

puts reliance on a judgment of the Hon‟ble Supreme Court rendered in the case

of Chattar Singh & Ors. Vs. State of Rajasthan & Ors. reported in (1996)

11 SCC 742. I have perused the said judgment wherein Rule 13 of the

Rajasthan State and Subordinate Services (Direct Recruitment by Combined

Competitive Examinations) Rules, 1962 (for short "the Rules") w.e.f. 28-9-1993

was challenged by the OBC category candidates which prescribed the mode of

conducting Preliminary as well as Main Examination. The relevant part of the

said judgment is quoted hereinbelow:-

"14. In view of the respective contentions, the first question that arises for consideration is whether Rule 13, as interpreted by Shri Sushil Kumar Jain, is valid in law? To be fair to the learned Judges of the High Court, the first question was not addressed before the learned Judges in the manner in which it

was argued before us. The thrust of the arguments before them was on proviso to Rule 13. A reading of Rule 13 would indicate that competitive examination shall be conducted by the Public Service Commission in two stages, namely, Preliminary Examination and Main Examination. As per the Scheme specified in Rule 7 and Schedule III, Preliminary Examinations are conducted on the subjects as per the syllabus and aggregate marks are taken into consideration to call the candidates for Main Examination. Marks obtained in the Preliminary Examination by a candidate would not be counted for the purpose of Main Examination to determine final order of merit. The number of candidates to be admitted to the Main Examination will be 15 times the total approximate number of vacancies to be filled in the year of recruitment in the various services and posts/vacancies notified or expected. However, the candidates would be otherwise eligible in a particular range. All those candidates, who secure the same percentage of marks as may be fixed as the lowest range will be admitted for the Main Examination. It would thus be seen that Rule 13 read with Rule 7 and Schedule III does not prescribe any minimum of the lowest range of marks for calling the candidates for appearing in the Main Examination. What requires to be done is that the Public Service Commission has to consider the number of vacancies notified or likely to be filled in the year of recruitment for which notification was published. Then candidates who had appeared for the Preliminary Examination and qualified for Main Examination are to be screened by the test. The object is to eliminate unduly long list of candidates so that opportunity to sit for Main Examination should be given to candidates numbering 15 times the notified posts/vacancies in various services; in other words for every one post/vacancy there should be 15 candidates. There would be wider scope to get best of the talent by way of competition in the examination. The ultimate object is to get at least three candidates or as is prescribed, who may be called for viva voce. Therefore, the lowest range of aggregate marks as cut-off for general candidates should be so worked out as to get the required number of candidates including OBCs, Scheduled Castes and Scheduled Tribes. The lowest range would, therefore, be worked out in such a way that candidates numbering 15 times the notified posts/vacancies would be secured so as to afford an opportunity to the candidates to compete in the Main Examination.

15. Under the proviso, if that range has not been reached by the candidates belonging to the SCs or the STs, there may be 5% further cut-off from the last range worked out for the general candidates so as to declare them as qualified for appearing in the Main Examination. In other words, where

candidates belonging to the SCs and STs numbering 15 times the total vacancies reserved for them are not available then the Service Commission has to go down further and cut off 5% of the marks from the lowest of the range prescribed for general candidates and then declare as eligible the SC and ST candidates who secured 5% less than the lowest range fixed by PSC for general candidates so as to enable them to appear for the Main Examination.

The candidates who thus obtain qualifying marks are eligible to appear and write the Main Examination. The respective proportion of 1:3 or as may be prescribed and candidates who qualified in the Main Examination will be called by the Commission, in their discretion, for interview. The Commission shall award marks to each candidate interviewed by them, having regard to their character, personality, address, physique and knowledge of Rajasthani culture as is in vogue as per rules. However, for selection to the Rajasthan Police Service, candidates having „C‟ Certificate of NCC will be given preference. The marks so awarded shall be added to the marks obtained in the Main Examination by each such candidate.

16. In working out this procedure, if the minimum of 15 times of the candidates are identified and results declared, it would not be necessary to pick up more General/Reserved candidates. It would not be necessary to declare the result of more than 15 times the total notified vacancies/posts so as to enable them to compete in the Main Examination.

The object of screening test is to eliminate unduly long number of persons to appear for Main Examination. If more candidates are called by declaring their result in Preliminary Examination, the object of Rule 13 would be frustrated."

5. Learned counsel for the respondent-JPSC while countering the argument

of learned Sr. counsel for the petitioners, explains the manner in which the

revised P.T result has been prepared. It is submitted that total 252 posts were

advertised in pursuance of Advertisement No. 01/2021, fifteen times of which

comes to 3780 and the last candidate has secured 248 marks. Accordingly, the

cut-off marks for General candidates was fixed as 248 and by fixing the said

cut-off marks, total 1551 candidates belonging to Unreserved category have

been shortlisted for Main Examination. It is further submitted that in view of

proviso to Rule 17(ii) of the Rules, 2021 (amended), the cut-off marks of ST, SC

and EBC candidates has been reduced so as to shortlist 15 times of the total

vacancies under the said categories and thus the cut-off marks of the

candidates belonging to the categories of ST, SC and EWS have come to 232,

242 & 246 respectively. Further, the number of the candidates shortlisted under

ST, SC and EWS categories are 1002, 362 & 294 respectively. It is further

submitted that due care has been taken while fixing the cut-off marks and in

publishing revised result of the Preliminary Examination so that 15 times of ST,

SC and EWS candidates must be selected so as to ensure adequate

representation of the said categories. The cut-off marks of Extremely Backward

Classes (Annexure-I) and Backward Classes (Annexure-II) has also been fixed

as 248 which is the cut-off marks of the General category candidates, since

more than 15 times of the vacancies under BC-II and EBC-I categories have

secured more than the cut-off marks and they cannot be ousted from the

revised list as a result of which more than 15 times candidates have been

selected under these categories. It is also submitted that JPSC has revised the

result of the Preliminary Examination in accordance with the Rules so that

adequate number of candidates are selected in the ratio of approximately 15

times of the total number of advertised vacancies to be admitted in the Main

Examination. Hence, it was required to be seen that adequate number of

candidates belonging to SC, ST, EBC-I, BC-II and EWS categories must be

available. In order to ensure adequate representation of the candidates

belonging to these categories, the cut-off marks was lowered for the categories

of the candidates belonging to EWS, SC and ST. Moreover, there was no

enabling provision in the Rules, 2021 for lowering the cut-off marks to ensure

adequate representation of the candidates belonging to Sports/Blind, Deaf and

Dumb, Primitive Tribal Group (PTG) as well as for candidates suffering from

Autism & Multiple Disabilities and in absence thereof, no relaxation in the cut-off

marks has been given to the candidates belonging to the said categories.

6. According to learned counsel for the JPSC, in the case of Chattar Singh

(Supra), it has been held that the object of Preliminary Examination is to

eliminate unduly long list of candidates so that opportunity to appear in the

Main Examination should be given to the candidates numbering 15 times of the

notified posts/vacancies in various services. It has been further held that the

lowest range of aggregate marks fixed as cut-off for General candidates should

be worked out in a manner so as to get the required number of candidates

including the candidates belonging to OBCs, Scheduled Castes and Scheduled

Tribes. If that range is reached by the candidates belonging to the SCs or the

STs, there may be 5% further lowering of the cut-off from the last range

worked out for the General candidates so as to declare them as qualified for

appearing in the Main Examination. It has also been held that if 15 times of the

candidates have been shortlisted by the procedure laid down in the said

judgment, it will not be necessary to pick more than 15 times candidates of the

advertised vacancies. It has however not been held in the said judgment that in

any circumstance, the selected candidates must not exceed 15 times of the

advertised vacancies. The object underlying in the Rule is that the cut-off marks

is to be fixed in such way that 15 times candidates of the advertised vacancies

are shortlisted and the cut-off marks of ST, SC and EWS categories should be

reduced, if required, so as to fulfill the condition of selection of approximately

15 times of the advertised vacancies under the said categories.

7. Having heard learned counsel for the parties and on prima-facie

consideration of the issue involved in the writ petitions, this Court is not inclined

to pass any interim order. However, the result of the Main Examination of

Jharkhand Combined Civil Services Competitive Examination, 2021 to be

conducted by the JPSC, pursuant to Advertisement No. 01/2021, shall be

subject to final outcome of the present writ petitions.

8. The respondent-JPSC is directed to file counter affidavit positively by

30.03.2022.

9. Rejoinder affidavit, if any, by 07.04.2022.

10. Put up these cases on 12.04.2022 under appropriate heading.

Satish/-                                                             (RAJESH SHANKAR, J)