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Jharkhand High Court · body

2016 DIGILAW 1284 (JHR)

Tausif Ahmad v. State of Jharkhand, through the Chief Secretary, Government of Jharkhand, Ranchi

2016-08-19

H.C.MISHRA

body2016
ORDER : Heard learned counsel for the petitioners, learned counsel for the respondent State as also learned counsel for the Jharkhand Staff Selection Commission. 2. Jharkhand Staff Selection Commission has issued Advertisement No. 14 /2015, for various posts, including the posts of Fisheries Extension Supervisor, for which, the minimum qualification was shown as Science Graduate with Zoology, in the advertisement. 3. The petitioners have filed this writ application stating that Jharkhand Sub-ordinate Fisheries Service Rules, 2015, have been framed by the State Government, and the same has been notified on 9th of December, 2015, in which, the minimum qualification for the post of Fisheries Extension Supervisor is prescribed as Graduate in Fisheries Science/ Science Graduate with Zoology (Honours). 4. Learned counsel for the petitioners submitted that in the advertisement, online applications have been invited, and accordingly, the applications of the petitioners were not accepted online, in view of the fact that the petitioners were having the qualification of Graduate in Fisheries Science, and in the advertisement, minimum qualification has been shown as Science Graduate with Zoology, which is against the Rules. It is submitted that in view of the fact that the Rules framed in the year 2015 lays down the minimum qualification for the post of Fisheries Extension Supervisor as Graduate in Fisheries Science/Science Graduate with Zoology (Honours), the minimum qualification provided in the advertisement is even below the minimum qualification as provided in the Rules, in as much as the requirement of qualification of honours in the subject has been illegally done away with in the advertisement. 5. On 16.8.2016, when this matter was taken up, this Court noted the anomaly in the minimum qualifications, prescribed in the Jharkhand Sub-ordinate Fisheries Service Rules, 2015, as well as in the advertisement and directed the learned counsel for the Jharkhand Staff Selection Commission to seek instructions in the matter and clarify as to how the examination is going to be held with the minimum qualification as shown in the advertisement. Pursuant to the order dated 16.8.2016, a counter affidavit has been filed on behalf of the Jharkhand Staff Selection Commission, in which, it is stated that fresh Rules have been framed, namely, Jharkhand Staff Selection Commission Examination (Graduate Level) Conduct Rules, 2015, which has been notified on 11.12.2015, in which, the minimum qualification, prescribed for the post of Fisheries Extension Supervisor is Science Graduate with Zoology, and in accordance with the same, the advertisement has been published. 6. Learned counsel for the Jharkhand Staff Selection Commission has submitted that Jharkhand Staff Selection Commission Examination (Graduate Level) Conduct Rules, 2015 have the over-riding effect over the previous Rules, and accordingly, there is no illegality in conducting the examination on the basis of the applications invited from the candidates having only the qualification of Graduate in Science with Zoology. It is also submitted that the examination is going to be held day after tomorrow, i.e., on 21st of August, 2016 and any relief given to the petitioners shall revert back the recruitment process to its initial stage and will cause great inconvenience to about 2,36,000 candidates appearing in the examination to be held for various posts on 21.8.2016. Learned counsel for the Jharkhand Staff Selection Commission has accordingly, submitted that no relief can be granted to the petitioners at this stage. 7. Having heard learned counsels for the parties and upon going through the record, I find that Jharkhand Sub-ordinate Fisheries Service Rules, 2015 has been notified by the State Government only on 9th of December, 2015, and only two days thereafter, the Jharkhand Staff Selection Commission Examination (Graduate Level) Conduct Rules, 2015 has been notified on 11.12.2015 and both these Rules provide different minimum qualifications for the post of Fisheries Extension Supervisor. This clearly shows that the Jharkhand Staff Selection Commission Examination (Graduate Level) Conduct Rules, 2015, which have been notified on 11.12.2015, have been framed without taking into consideration the provisions of the Jharkhand Sub-ordinate Fisheries Service Rules, 2015, notified on 9th of August, 2015. Though, there is a provision in the Jharkhand Staff Selection Commission Examination (Graduate Level) Conduct Rules, 2015, giving it an overriding effect, but the fact remains that this appears to be a case of framing the subsequent Rules, without even being aware of the provisions of the previous Rules, notified only two days earlier. Though, there is a provision in the Jharkhand Staff Selection Commission Examination (Graduate Level) Conduct Rules, 2015, giving it an overriding effect, but the fact remains that this appears to be a case of framing the subsequent Rules, without even being aware of the provisions of the previous Rules, notified only two days earlier. The petitioners, who are having the required qualified for the posts of Fisheries Extension Supervisor in accordance with the Rules framed by the State Government and published on of December, 2015, are being deprived to appear in the examination for no fault on their part, as their applications could not be accepted online, as they are not having the qualification as per the advertisement, which is not in accordance with the Rules notified on 9th of August, 2015, i.e., only two days earlier than the Rules notified on 11th of December, 2015. 8. In this piquant situation, I am of the considered view that the petitioners, who have approached this Court, must be given the opportunity to appear in the examination, going to be held on 21st of August, 2016. Accordingly the petitioners are given the liberty to apply for the posts of Fisheries Extension Supervisor, for which the examination is going to be held on 21st of August, 2016, by 12.00 noon on of August, 2016. The petitioner shall submit their applications hand to hand before the Jharkhand Staff Selection Commission and Jharkhand Staff Selection Commission shall allow the petitioners to appear in the examination, going to be held on 21st of August, 2016. The petitioners, if qualify in the said examination, their candidature shall not be rejected only on the ground that they are having the qualification of Graduate in Fisheries Science. 9. This order is passed in presence of the Officer on Special Duty of the Jharkhand Staff Selection Commission, and it is undertaken by the learned counsel for the Jharkhand Staff Selection Commission that the applications of the petitioners shall be accepted in spite of the fact that the certified copy of this order may not be available with the petitioners by the time of filing the applications before the Jharkhand Staff Selection Commission. 10. With these directions, this writ application stands allowed.