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Jharkhand High Court · body

2015 DIGILAW 96 (JHR)

Amit Kumar Dubey v. State of Jharkhand

2015-01-22

APARESH KUMAR SINGH, VIRENDER SINGH

body2015
JUDGMENT : Virender Singh, J. Appellant-writ petitioner (for short petitioner), after being not short-listed for considering his candidature for interview for the post of District Fishery Officer-cum Chief Executive Officer/District Fishery Officer/Lecturer (General Category) on account of obtaining 60.44% marks only as compared to the last candidate who was short-listed for interview after having obtained 62.60% marks, approached this Court vide W.P.S. No. 6432 of 2014 taking the plea that Jharkhand Public Service Commission (J.P.S.C) has not followed the procedure as contained in Rule 5(3)(a) of Rules of Procedure, 2002 inasmuch as the marks obtained by the petitioner in graduation has not been calculated for the purposes of short-listing. Learned writ court, finding no substance in the case of the petitioner, ultimately dismissed the petition. Hence this appeal. 2. Heard Mr. V.P. Singh, learned Senior Counsel assisted by Mrs. Rashmi Kumar appearing for the appellant and Mr. Sanjay Piprawall appearing for the J.P.S.C. We have also gone through the impugned judgment and the writ court record. 3. While reiterating the case of the petitioner as put forth before the learned writ court, Mr. V.P. Singh learned Senior Advocate once again put entire stress on Rule 5(3) (a) of Rules of Procedure, 2002 and submitted that in terms of the said Rule, J.P.S.C. has to calculate the percentage of marks obtained in each examination from matriculation upto the level of minimum qualification. He submitted that although the petitioner is not B. Sc (Zoology) or Bachelor in Fisheries Science from any recognized University (B.F. Sc.), but after completing his graduation, he obtained the post graduate degree in Zoology (Fisheries). Therefore, in the case of the petitioner, the minimum qualification is post graduate degree in Zoology which he obtained after completing graduation. In this eventuality, for the purpose of considering his case for short-listing, JPSC should have calculated the percentage of the marks obtained by him in graduation also. 4. We are not in agreement with the submissions advanced by Mr. Singh. 5. The minimum qualification as mentioned in column 5 of the advertisement under the heading “Qualification” is : “B. Sc (Zoology) along with certificate in two years diploma in Fisheries Science Course from Central Institute of Fisheries Education, Mumbai. Or Bachelor in Fisheries Science from any recognized University (B.F. Sc.) Or Post Graduate Degree in Zoology (Fisheries) from any recognized University.” 6. Or Bachelor in Fisheries Science from any recognized University (B.F. Sc.) Or Post Graduate Degree in Zoology (Fisheries) from any recognized University.” 6. Admittedly, the petitioner does not qualify the first two categories and has obtained post graduate degree in Zoology (Fisheries). In his case, the minimum qualification is post graduate degree in Zoology (Fisheries). In this eventuality, the percentage of marks obtained by him in graduation, in any case, could not be counted. 7. Not only that, JPSC has adopted a uniform pattern in calculating the percentage of the marks for each candidate as is reflected in the list shown to us by Mr. Piprawall, appearing for JPSC (seen and returned). 8. In our considered view, the marks obtained by the petitioner has been rightly calculated in the following manner :- Sl. No. Examination Percentage of marks obtained by the Appellant 1 Matriculation 56.80 2 Intermediate 69.12 3 Post Graduate 69.12 Total 181.32 181.32 divided by 3 = 60.44 9. More so, the final recommendation of JPSC has already been implemented by the State by issuing appointment letters to all the 17 candidates as stated by Mr. Piprawall. 10. Viewed thus, we do not find any reason to disturb the impugned judgment. 11. Resultantly, L.P.A. No.56 of 2015 stands dismissed along with I.A. No.341 of 2015.