Vivek Harsil vs Jharkhand Public Services ...
2023 Latest Caselaw 185 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Letters Patent Appellate Jurisdiction)
                    LPA No. 126 of 2022

Vivek Harsil                                               ... Appellant
                                Versus
Jharkhand Public Services Commission & others              ... Respondents
                                With
                          LPA No. 129 of 2022

Swapnil Mayuresh                                            ... Appellant
                                 Versus
Jharkhand Public Services Commission & others             ... Respondents
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellants : Mr. Ajit Kumar, Sr. Advocate;

Mr. Siddhartha Ranjan, Advocate For the Respondents : Mr. Piyush Chitresh, AC to AG For the JPSC : Mr. Sanjoy Piprawall, Advocate

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th Order No.05/ Dated: 11 January 2023 In these Letters Patent Appeals challenge by the appellants has been made through the order dated 4th March 2022 passed in WP(S) No.1413 of 2021, WP(S) No.1516 of 2021 and WP(S) No.1517 of 2021.

One of the grounds of challenge raised by the appellants before the writ Court was that on the date of recommendation the private respondents were not eligible at least insofar as Associate Membership Certificate is concerned.

In paragraph No.6 of the aforesaid order dated 4 th March 2022, the writ Court has recorded the recommendation by the Scrutiny Committee which was constituted by the Jharkhand Public Service Commission that at least 186 candidates did not possess ITPI membership on the last date of online application rather they obtained such membership by the extended date for application.

Mr. Sanjoy Piprawall, the learned counsel for the Jharkhand Public Service Commission has read out the affidavit filed before the writ Court from where we find that there is no categoric answer by the Jharkhand Public Service Commission on the aforesaid issue.

Let an affidavit be filed by the Secretary, Jharkhand Public Service Commission, duly approved by the competent authority, to the

-2- LPA No. 126 of 2022 & analogous case

effect that the recommended candidates fall under category (iii) as mentioned in paragraph No.6 of the judgment under challenge.

Along with the affidavit, the application submitted by the private respondents shall also be furnished to this Court.

At this stage, we are not observing anything about incomplete affidavits filed before the writ Court, however, it is indicated that the affidavit on the aforesaid lines must be filed before the next date of hearing.

Post these matters on 23rd January 2023. Part heard.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) S.B.