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2024 DIGILAW 941 (JHR)

Niharika Rani, daughter of Vijay Kumar Gupta v. State of Jharkhand

2024-11-19

S.N.PATHAK

body2024
JUDGMENT : Heard the learned counsel for the parties. 2. The petitioner has approached this Court with a direction upon the respondents, in particular respondent-JPSC, to add marks after revaluating Question Nos. 5 and 6 of Section-A of the History Paper-III and Question No. 12 of Section-A of Indian Constitution and Political Public Administration Good Governance-Paper-IV of Main Examination, which relates to appointment pursuant to Advertisement No. 01/2021 (Jharkhand Combined Civil Services Competitive Examination, 2021), so that the petitioner could get additional marks and she can succeed in the final merit list, which was published by the JPSC on 31.05.2022. 3. Shorn of unnecessary facts, it is stated that the Jharkhand Public Service Commission published Advertisement No. 01/2021 from eligible candidates on Class-II posts, pursuant to 7th to 10th Combined Civil Services Examination, 2021. The petitioner, belonging to Backward Class, applied for such examination. She appeared in the Preliminary Test and was found successful. Thereafter, the petitioner also appeared in the written test and did well and finally, the result was published on 30.04.2022 and as per her expectation, her name figured in the successful candidates. Thereafter, she was called for interview scheduled to be held on 13.05.2022. However, in the final merit list published on 31.05.2022, she did not find her name in the list of successful candidates. The petitioner thereafter submitted an application under the RTI Act for inspection of all papers given by the petitioner including the marks obtained in the interview. It is specific case of the petitioner that upon inspection, it was found that the marks of Question Nos. 5 and 6 of Section-A of History Paper-III and Question No. 12 of Section-A of Indian Constitution and Political and Public Administration and Good Governance (Paper-IV) have not been added in the total marks i.e. 629, obtained by the petitioner. It is further case of the petitioner that if the left over marks in number 6 has been added in her total marks, her name could be figured in the successful candidates of the final merit list. The petitioner made representation on 31.07.2023 ventilating her grievance before the respondent-JPSC, but no action was taken and hence, this writ petition has been preferred by the petitioner. 4. Mr. The petitioner made representation on 31.07.2023 ventilating her grievance before the respondent-JPSC, but no action was taken and hence, this writ petition has been preferred by the petitioner. 4. Mr. Sanjeev Kumar Thakur, learned counsel appearing for the petitioner submits that petitioner is an aspirant and a meritorious candidate and because of laches on part of the JPSC, injustice has been caused and appropriate marks has not been allotted to her due to which she has been debarred from final selection. Learned counsel further argues that as per instruction of the petitioner, Question Nos. 5 and 6 of Section-A of History Paper-III and Question No. 12 of Section-A of Indian Constitution and Political and Public Administration and Good Governance (Paper-IV) remained uncorrected and no marks have been allotted for these answers and if the adequate marks are added in the total marks obtained by the petitioner, she could be selected in the final merit list. 5. On the other hand, Mr. Pravin Kumar Pandey, learned counsel representing the respondent-JPSC is not in a position to controvert the arguments of the learned counsel for the petitioner, as he has also examined that the answers of Question Nos. 5 and 6 of Section-A of History Paper-III and Question No. 12 of Section-A of Indian Constitution and Political and Public Administration and Good Governance (Paper-IV) have not been corrected and no marks have been allotted against those answers. However, learned counsel submits that in order to rectify such negligence or omission, the JPSC is ready to get the same verified by the Experts and if it is found that no marks have been allotted on the particular questions or any injustice has been committed against the petitioner, the same shall be rectified within a stipulated period. Learned counsel further submits that if it is found that the petitioner comes within the zone of consideration, appropriate steps shall be taken in accordance with law for consideration of her case in order to give her justice. 6. Heard the learned counsel for the parties at length across the Bar. The matter was earlier heard on several occasions and pursuant to order dated 23.10.2024, the respondent-JPSC was directed to bring on record the answer sheets of Paper-III (History) and Paper-IV (Indian Constitution) of the petitioner. 6. Heard the learned counsel for the parties at length across the Bar. The matter was earlier heard on several occasions and pursuant to order dated 23.10.2024, the respondent-JPSC was directed to bring on record the answer sheets of Paper-III (History) and Paper-IV (Indian Constitution) of the petitioner. Today, when the case is called out, as per directions of this Court, the answer sheets of concerned papers have been produced by the learned counsel appearing for the JPSC in sealed cover and the same is opened in open Court. From perusal and analysis of those answer-sheets, it is evident that admittedly the marks were not allotted for Question Nos. 5 and 6 of Section-A of History Paper-III and Question No. 12 of Section-A of Indian Constitution and Political and Public Administration and Good Governance (Paper-IV). 7. In such situation, this Court is of the considered view that the petitioner should not suffer because of malafide action on the part of the respondents. It is expected from the Jharkhand Public Service Commission or Jharkhand Staff Selection Commission or any Commission not to leave over the answers for correction and the same should have been properly verified at different levels. The entire future of an aspirant depends upon the proper mechanism of the Commission and such laches or omission may badly affect the same. Why this lackadaisical and lethargic approach has been adopted in the case at hand puts a question upon the respondent-Commission which has badly affected the future of an aspirant. It is a matter of fact that many of the candidates are not in a position to knock door of the Court. It is only the present petitioner who has approached this Court and when the matter was enquired after order of this Court, it reveals that no marks were allotted to the particular questions and the suspicion raised by the petitioner has been found to be true. Such ignorance or laches is not at all expected from the Commission of the State like JPSC who engages the experts for evaluation of the answer sheets. 8. Since, this Court is not an Expert Body to examine the answer sheets, it would be appropriate to examine the same by the Expert Body of the respondent-JPSC. In the circumstances, this Court, hereby, directs the respondent-JPSC, in particular Controller of Examination, JPSC to revaluate the answers of Question Nos. 8. Since, this Court is not an Expert Body to examine the answer sheets, it would be appropriate to examine the same by the Expert Body of the respondent-JPSC. In the circumstances, this Court, hereby, directs the respondent-JPSC, in particular Controller of Examination, JPSC to revaluate the answers of Question Nos. 5 and 6 of Section-A of History Paper-III and Question No. 12 of Section-A of Indian Constitution and Political and Public Administration and Good Governance (Paper-IV). It is made clear that if it is found that the answers are correctly given by the petitioner, adequate marks against those answer shall be given to her and the same shall be added in the final marks obtained by her. If the petitioner comes within the zone of consideration after totalling the marks obtained by her in the interview, her name shall be recommended by the JPSC to the State Government for appointment, pursuant to Advertisement No. 01/2021. After completing entire exercise, the State shall issue formal appointment letter in favour of the petitioner. Let the entire exercise be completed within a period of twelve weeks from the date of receipt/production of a copy of this order. 9. Before parting with this order, this Court hereby record that the Chairman/Secretary of the Jharkhand Public Service Commission or Jharkhand Staff Selection Commission or any other Commission conducting the examinations for any appointment, shall look into the matter and take appropriate steps that such irregularities/illegalities are not committed in future which may affect future of any of the aspirants. 10. With the aforesaid observation and directions, this writ petition stands allowed. 11. Let the answer-sheets produced in the Court be handed over to the learned counsel appearing for the respondent-JPSC in a sealed cover.