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2015 DIGILAW 662 (JHR)

Pritam Kumar Roy v. State of Jharkhand

2015-05-21

APARESH KUMAR SINGH

body2015
ORDER 1. Heard counsel for the parties. 2. The petitioner herein is a candidate for appointment under the 4th Combined Civil Services Exam held by the JPSC under the Advertisement at Annexure-2 issued in the year 2010 for recruitment to the various posts in Civil Services under the Government of Jharkhand. The petitioner at the time of making his application, submitted a caste certificate issued by the Sub Divisional Officer, Sadar, Hazaribagh dated 17.05.2008 in the prescribed form of Government of India which showed him as a candidate belonging to the Other Backward Classes. He appeared in the preliminary exam as a Backward Class category candidate and filled up his form in the written exam along with certificates earlier annexed at the time of preliminary exam. He appeared in the written exam for which he was issued an admit card (Annexure-4/1) which, according to him, did not contain any column of category. Petitioner later on discovered that under the Advertisement No. 4/2001 issued by the JPSC on 17.02.2012, asking the candidates who were successful in the preliminary exam, he was required to submit a certificate of caste and residence issued by the competent authority by specified date i.e. 09.03.2012 along with the written exam form. Guidelines thereof at Clause-28 specify that the benefit of reservation is admissible to the residents of Jharkhand and those who wish to avail of the benefit of reservation have to submit a certificate of residence and caste issued by the competent authority i.e. Deputy Commissioner / Sub Divisional Officer, as specified under the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand Notification No. 3389 dated 22.09.2001 and letter no. 4156 dated 17.07.2002, issued specifically for the purposes of employment. If any candidate fails to enclose the aforesaid certificates, his candidature will be considered under the unreserved category and there would not be any relaxation in age limit or in matters of reservation. The format was also enclosed. The said guidelines were meant for filling up forms for the written exam. Petitioner claims to have submitted a certificate of residence (for the purposes of employment) issued by the Sub Divisional Officer, Hazaribagh on 27.07.2012. The petitioner was also informed by letter dated 28.08.2012 on his application by the JPSC by letter no. The format was also enclosed. The said guidelines were meant for filling up forms for the written exam. Petitioner claims to have submitted a certificate of residence (for the purposes of employment) issued by the Sub Divisional Officer, Hazaribagh on 27.07.2012. The petitioner was also informed by letter dated 28.08.2012 on his application by the JPSC by letter no. 2494 (Annexure-5/1) that since he has failed to submit the certificate of residence, caste, OBC certificate within the time prescribed for making application for appearing in the mains written exam, he would not be entitled for the benefit of reservation. Petitioner claims to have again represented on 03.09.2012 which is also enclosed to the writ petition where he categorically states that he had submitted the certificates on 13.08.2012 and receipt thereof is enclosed along with the said representation. He also states that in the preliminary exam, his results are shown in the OBC category but it is now being said that he would be denied the benefit of reservation in the written exam. 3. On the basis of the aforesaid factual foundation, he has approached this Court with the prayer to declare that a caste certificate issued in the requisite format by the competent authority of the Jharkhand State along with the application form with residential certificate accepted by the respondents, cannot be refused after publication of results of preliminary exam which has resulted in declaration of his results as a General Category Candidate, though he has produced the copies of original certificate prior to interview; for declaration that the parameter of caste certificate cannot be changed by the respondents midway in the recruitment process as is being done by Annexure-4 and letter dated 28.08.2014 (Annexure-5); For declaration that the petitioner should be considered for appointment as he has secured more marks than the last selected candidate. He has also sought a writ of mandamus upon the respondent no. 1State of Jharkhand not to act upon the recommendation of the JPSC in respect of candidates of Other Backward Classes who have secured lesser marks than the petitioner or to keep one vacancy unfilled as he has secured six marks more than the last selected candidate in the OBC Category. 4. 1State of Jharkhand not to act upon the recommendation of the JPSC in respect of candidates of Other Backward Classes who have secured lesser marks than the petitioner or to keep one vacancy unfilled as he has secured six marks more than the last selected candidate in the OBC Category. 4. Learned counsel for the petitioner, in support of the prayers, submitted that the rules of exam have been changed by the respondent JPSC by asking for residential, caste and OBC certificates just before the Mains Exam, though in the preliminary exam, as per advertisement at Annexure-2, petitioner’s application with the caste certificate had been duly accepted and he has been treated as OBC candidate for participating in the preliminary exam where he came to be successful. Counsel for the petitioner relied upon the judgment rendered by the Hon’ble Supreme Court in the case of K. Manjusree vs. State of Andhra Pradesh and another (2008) 3 SCC 512 . According to the petitioner he has got 917 marks and as per the notification at Annexure-10 to the I.A. No. 2332/2013 dated 07.02.2013, one post has remained unfilled to which his candidature can still be considered. One of the arguments advanced on behalf of the petitioner is also to the effect that the format in which JPSC asked the candidates to submit their residence / caste certificate on the basis of the Circular dated 27.09.2001 has been quashed by a Bench of five Judges of this Court in the case of Prashant Vidyarthy vs. State of Jharkhand & others reported in 2003(1) J C R 3 (jhr) (Spl.B). Petitioner has relied upon judgment rendered by the learned Single Bench of this Court in the caste of Dr. Rakesh Kumar Vs. The State of Jharkhand & Others in WPS No. 1068/2012 in support of the aforesaid contentions. 5. In response, counsel for the respondent JPSC submits that the preliminary exam of 4th Combined Civil Services is a screening test and those who successfully qualified in the preliminary test, were required to apply once again in the prescribed format by down loading it from the website or from the office of the Commission by particular date i.e. 09.03.2012 till 5.00 PM in terms of the notice dated 17.02.2012 (Annexure-4). The instructions enclosed to the said 'important notice' at Clause-28 clearly prescribe the format in which any person claiming reservation has to submit certificate of residence and caste / OBC, issued by the competent authority of Government of Jharkhand. The form was also enclosed and it is uniformly applied to all such appearing candidates and there is no distinction in that. Petitioner admittedly has not furnished the certificate of residence for the purposes of employment and caste certificate in such manner along with his main application form which he claims to have submitted on 13.08.2012, as per his representation dated 03.09.2012. Commission therefore categorically informed him through letter no. 2494 dated 28.08.2012 that he could not be given the benefit of reservation. He consciously appeared in the written exam held from 25.05.2012 to 14.06.2012 and was treated as unreserved category candidate, results of which were published on 19.09.2012. He also participated in the interview, results of which were published in January 2013 and having been conscious of his status as an unreserved category candidate and after failing to qualify finally in the selection process, he has challenged the exercise by way of the instant writ petition with a claim that his candidature should be considered as OBC candidate. Such a contention cannot be countenanced in view of the judgment of the Hon'ble Supreme Court in the case of Union of India and others vs. S. Vinodh Kumar and others reported in (2007) 8 SCC 100 , para-18 and also in the case of Secretary, A.P. Public Service Commission vs. B. Swapna & others reported in 2005 (3) JLJR ( SC) 100, para-14 thereof. 6. The writ petition has been filed on 08.01.2013. It is submitted that in such circumstances when an uniform guideline has been adopted by the Commission with no exception and the petitioner has failed to submit his application form along with the requisite certificates while applying for the written exam, his candidature cannot be considered in the OBC category as claimed by him. Submission of certificate later on, will not improve the case of the petitioner as otherwise it will open the Pandora Box for all candidates who have failed to submit their certificates in time. He submitted that the sanctity attached to cut-off date for such recruitment exercise, cannot be diluted in individual instances when there is no fault on the part of the Commission. 7. He submitted that the sanctity attached to cut-off date for such recruitment exercise, cannot be diluted in individual instances when there is no fault on the part of the Commission. 7. In reply, counsel for the petitioner has drawn attention to Annexure-E to the counter affidavit of JPSC which is a temporary residential certificate issued by the office of Sub Divisional Officer, Hazaribagh dated 26.06.2008 and shown to be attested on 22.02.2012. It is submitted that the JPSC despite submission of such certificate enclosed with his Mains Exam form, has not considered the candidature of the petitioner in reserved category in the 4th Combined Civil Services (Mains) Exam held on 25.05.2012. 8. Counsel for the respondent-JPSC submits that the Commission had issued another notice on 02.03.2012 informing the candidates who are seeking the benefit of reservation to enclose the residential certificate for employment as well as caste certificate issued by the competent authority along with their application form and if no such certificate is enclosed, their candidature would be considered in General Category. It was also made clear in the said press note that no certificate shall be accepted by the JPSC after the last date of submission of application form. 9. Having given due consideration to the rival submissions of the parties in the factual backdrop noticed hereinabove, it is not in dispute that the petitioner was issued admit card for appearing in the preliminary exam as Other Backward Class Category (OBC) candidate. However, advertisement at Annexure-2 clearly stipulates that it was in respect of preliminary exam for 4th Combined Civil Services with a further stipulation that the benefit of reservation would only be given to those candidates who are residents of Jharkhand State. Preliminary exam is in the nature of screening test undisputedly and those who qualify in preliminary test, are required to fill up forms for appearing in the Mains Exam in respect of which an 'important notice' (Annexure-4) was issued on 17.02.2012 clearly stipulating that the application form should be submitted by 09.03.2012 till 5.00 PM and those who seek to avail of the benefit of reservation, were to submit caste and residential certificate for the purposes of employment duly issued by the competent authority indicated at Clause-28 of the Instructions furnished by JPSC. Those who failed to submit the certificate within the cut-off date, would be treated as a General Category candidate. Those who failed to submit the certificate within the cut-off date, would be treated as a General Category candidate. In fact, a further press note was also issued vide Annexure-D to the counter affidavit dated 02.03.2012 again reiterating the same position. 10. As has already been noticed herein above, petitioner did not furnish the certificate of residence or caste issued by the competent authority under the Government of Jharkhand along with his main application form on 09.03.2012. In fact, petitioner was also informed by the Controller of Examination of JPSC vide Annexure-5 dated 28.08.2012 that he would not be given the benefit of reservation as he had failed to furnish certificates of residence, caste and OBC within the cut-off date along with his application for Mains Exam. Therefore, it has been rightly contended by the learned counsel for the JPSC that the petitioner being conscious of such a position, participated in the written exam as a General Category candidate and also faced the interview as unreserved category candidate wherein he failed to qualify in the final results published in January 2013. In view of the settled position of law, petitioner cannot be allowed to agitate that his candidature should have been considered as OBC candidate on the basis of certificate submitted by him on 13.08.2012 in the office of JPSC much after the cut-off date i.e. 09.03.2012. 11. The contention of the petitioner that requirement of furnishing residence and caste certificate in the prescribed form, is not justified by the JPSC, cannot be accepted. The submission of caste and residential certificate for availing the benefit of reservation was the essential requirement for any candidate to avail of the benefit of reservation in the written exam as well as in the interview by producing the same by cut-off date i.e. 09.03.2012. This yardstick applied uniformly to all those who participated and came successful or failed in the final results. In that sense, Commission has not made any discrimination in adopting common yardstick to all such candidates. This yardstick applied uniformly to all those who participated and came successful or failed in the final results. In that sense, Commission has not made any discrimination in adopting common yardstick to all such candidates. Simply on the basis of the contention that the admit card of preliminary exam was issued by the JPSC showing him as a Backward Class Category candidate, will make no difference as under the recruitment exercise by the JPSC, candidates who qualify the preliminary exam which is a screening test, had to submit a fresh application form in the prescribed format enclosing caste and residential certificate issued by the competent authority. This view has been held by the Hon'ble Supreme Court in the case of Pankaj Sharma Versus State of Jammu and Kashmir and others and other analogous cases [ (2008) 4 SCC 273 ], para-47 & 48 thereof and in the case of Andhra Pradesh Public Service Commission Versus Baloji Badhavath and othes [ (2009) 5 SCC 1 ] para-25 & 29 thereof. Since the petitioner has failed to enclose such certificates, the contention of the petitioner cannot be accepted in the eye of law. The argument advanced by the counsel for the petitioner that rules of exam have been changed in the midway after issuance of the advertisement at annexure-2 for holding the preliminary exam for the 4th Combined Civil Services Exam, will also not hold good on account of the aforesaid reason. The judgment relied upon by the petitioner rendered in the case of K. Manjusree (Supra) will therefore not come to his aid. 12. In such circumstance, petitioner has failed to make out a case for 8 interference in the writ petition. The writ petition has to fail and it is accordingly dismissed. I.A. No. 6268/2013 also stands closed.