Punam Kumari Ravidas, Daughter Of Shanta Ram Ravidas v. Jharkhand Public Service Commission
2018-11-29
PRAMATH PATNAIK
body2018
DigiLaw.ai
JUDGMENT Pramath Patnaik, J. - In the captioned writ application, the prayer has been made for direction upon the respondents to cancel the proceeding dated 11.03.2012 since the name of the petitioner having secured higher marks has not been published in the successful list of the candidates, though, the candidates having lesser marks and having lower rank have been called for interview. 2. The brief facts, as has been delineated in the writ application, is that in pursuance to advertisement for the post of J.P.S.C Assistant and Personal Assistant Examination 2011, the petitioner applied for the said post. After due process of selection when the result was published in the News Paper, the name of the petitioner did not find place in the select list. It has been averred in the writ application that the petitioner belongs to Schedule Caste category and in the merit list her rank is 503 having secured 164.78 marks and other candidates belonging to Schedule Caste having secured less marks have been called for the interview. Being aggrieved by the non-selection of the petitioner in spite of securing higher marks under Schedule Caste category, left with no alternative, the petitioner has been constrained to approach this Hon''ble Court under Article 226 of the Constitution of India for redressal of her grievances. 3. Learned counsel for the petitioner has strenuously urged that the respondents without considering the residential certificate produced by the petitioner has in a most cavalier fashion has ignored the case of the petitioner, which is in breach of Article 14 and 16 of the Constitution of India. Learned counsel further submits that the respondent being a constitutional authority ought to have considered the case of the petitioner in right prospective and that having not been done, the action of the respondent amounts to high-handedness and capriciousness. 4. Controverting the averments made in the writ application, a counter affidavit has been filed by the respondent, wherein it has been submitted that after conducting exam the JPSC found that several candidates have not submitted their residential certificate as prescribed by the State Government.
4. Controverting the averments made in the writ application, a counter affidavit has been filed by the respondent, wherein it has been submitted that after conducting exam the JPSC found that several candidates have not submitted their residential certificate as prescribed by the State Government. Accordingly, the respondents issued press communique on 20.01.2012 by which it was informed that the candidates who have claimed benefit of reservation, they are required to submit proper residential certificate in the prescribed manner issued by the Sub-Divisional Officer/Deputy Commissioner and the same may be sent to the J.P.S.C. by 30.01.2012, otherwise their candidature will be considered under General category as per Annexure-B to the counter affidavit. Several candidates submitted their residential certificate before the J.P.S.C. in pursuance to Annexure-B and their candidature under reserve category was considered accordingly, as per Annexure-C to the counter affidavit. Since the petitioner did not submit her residential certificate in the light of Annexure-B till 30.01.2012, as such, her candidature was considered under General category and, accordingly, result was published. Since the petitioner secured 164.78 marks, whereas the last successful candidate has secured 183.75 marks in the General category and as such the petitioner was not declared successful. The cut-off marks of Assistant and Personal Assistant has been quoted hereinbelow in a tabular form:- Cut-Off Marks Category Wise Cat. UNR (75) ST(45) SC(15) BC-I (15) BC-II (0) Assistant 183.75 157.48 154.59 171.76 Cat. UNR (120) ST(60) SC(16) BC-I (13) BC-II (13) Personal Assistant 127.73 81.42 80.37 67.37 81.45 5. Rejoinder on behalf of the respondent to the reply to the counter affidavit dated 20.07.2018 has been filed, which discloses that the petitioner has not submitted her residential certificate i.e. Annexue-7 before the J.P.S.C. up to 30.01.2012 as evident from Annexure-B to the counter affidavit. It has also been submitted that on 27.01.2012, the petitioner has only submitted her Admit Card issued by the J.P.S.C. and one caste certificate dated 15.04.2000 issued by the Sub-Divisional Officer, Ranchi only as per Annexure-B to the counter affidavit. Further, it has been submitted that the residential certificate is not valid for considering the petitioner under the reserve category in the facts and circumstances of the case. 6.
Further, it has been submitted that the residential certificate is not valid for considering the petitioner under the reserve category in the facts and circumstances of the case. 6. After having heard learned counsel for the respective parties and on perusal of the record, this Court is of the considered view that the petitioner has not been able to make out a case for interference due to the following facts and reasons: (I) So far as position of the petitioner and marks secured by the petitioner are undisputed. The only question that remains to be determined, whether the petitioner ought to be considered under the Scheduled Caste or General category. On perusal of the advertisement that is annexed as Annexure-A to the counter affidavit, a candidate belonging to reserved category, requires to produce caste as well as residential certificate for employment in the prescribed proforma as evident from Annexure-C to the counter affidavit. On scrutiny of the said proforma, the residential certificate is to be issued in accordance with notification dated 22.09.2001. (II) The rejoinder on behalf of the respondent dated 20.07.2018 discloses that the petitioner has only produced the Admit Card, Caste certificate but no residential certificate has been produced. Even if, the residential certificate which has been annexed as Annexure-7 to the reply to the show cause dated 26.07.2012 filed by the petitioner is to be taken as residential certificate dated 11.04.2000 was prior to the creation of the State of Jharkhand i.e., 15.11.2000 and that is also not in consonance with the notification dated 22.09.2001 meant for issuance of residential certificate for employment. Therefore, the contention of the petitioner fails on both the grounds. (III) In that view of the matter, the case of the petitioner has not been considered under Scheduled Caste category due to want of residential certificate and her case has been considered under General category and the petitioner did not come within the zone of consideration under the General category, since the last successful candidate secured 183.75 marks and the petitioner secured 164.78 marks, the decision taken by the respondent cannot be faulted in view of the settled position of law as has been enunciated in W.P.(S). No.5665 of 2013, so the issue remains no more res integra that in the absence of any valid residential certificate the candidature is to be considered under General category. 7.
No.5665 of 2013, so the issue remains no more res integra that in the absence of any valid residential certificate the candidature is to be considered under General category. 7. In view of the reasons enunciated above, this Court is of the considered view that the relief sought for by the petitioner does not warrant interference. Accordingly, the writ petition is dismissed being devoid of merit.