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2016 DIGILAW 1611 (JHR)

Rajesh Lal, son of Late Ram Baran Ram v. State of Jharkhand

2016-11-29

SHREE CHANDRASHEKHAR

body2016
ORDER : Claiming relaxation in the minimum qualifying marks in the written test, in terms of Gazette Notification dated 15.06.2015, the petitioner seeks a direction upon the respondent-State for his appointment on the post of Motor Vehicle Inspector. 2. Heard. 3. The petitioner, belonging to scheduled caste category, pursuant to Advertisement No. 01/2013 issued for appointment of Motor Vehicle Inspectors in the Transport Department, submitted his application and appeared in the written test held on 25.01.2015. It is pleaded that the result of written test was published on the website, which discloses that the petitioner could not secured minimum 40% marks in all 3 subjects in the written test. The learned counsel for the petitioner, however, contends that the Gazette Notification dated 15.06.2015 whereunder minimum marks for candidates belonging to SC/ST category has been fixed at 32% reflects that an error was committed while issuing Advertisement No. 01/2013 and while so, a direction may be issued to the respondent-State to consider the claim of the petitioner for appointment on the post of Motor Vehicle Inspector as he has secured more than 32% marks. 4. It is not in dispute that Gazette Notification dated 15.06.2015 whereby, Jharkhand Motor Vehicle Inspector Cadre (Appointment Promotion and other Service Conditions) Rules, 2010 was amended has prospective operation and only the advertisements issued after 15.06.2015 or the results published after that date would be governed under the amended rules. As noticed above, written test pursuant to Advertisement No. 01/2013 was conducted on 25.01.2015, for which result was published on 13.03.2015. Obviously, the candidates who appeared in the written test pursuant to Advertisement No. 01/2013 cannot be extended benefit under the amended rules, whereunder minimum qualifying marks in the written test has been reduced from 40% to 32% for ST/SC candidates. Reliance on Resolution dated 27.11.2012 which reflects that qualifying marks for SC/ST candidates can be 32% is misplaced. In this Resolution this has been clarified that the Department can fix a different criteria. Moreover, in view of statutory provision under the Rules, the aforesaid Resolution could not have been given effect. The Rules were amended only on 15.06.2015. The amended Rules cannot be applied to the selection processes initiated and concluded under the un-amended Rules. 5. The writ petition stands dismissed.