Damodar Kumar, S/o Shri Chandra Shekhar Rana v. State of Jharkhand
2025-02-19
RAJESH SHANKAR
body2025
DigiLaw.ai
JUDGMENT : RAJESH SHANKAR, J. W.P.(C) No. 3515 of 2016 The present writ petition has been filed for quashing the part of the notice dated 23.06.2016 (Annexure-10 to the writ petition), informing inter alia that the candidature of the petitioner has been rejected on the ground that he does not possess the required educational qualification i.e., equivalent to Diploma in Civil Engineering though he has passed the Diploma in Environmental & Pollution Control Engineering from the Government Polytechnic, Latehar which is equivalent to the required qualification of Diploma in Civil Engineering. W.P.(C) No. 3706 of 2016 2. The present writ petition has been filed for quashing the notice issued by the respondent no. 3, whereby the candidature of the petitioner has illegally been rejected. 3. The writ petitions were earlier taken up on 21.07.2016. The relevant part of the order passed on the said date reads as under: “…………. Pending adjudication, petitioners be allowed to take mains exam scheduled on 24th July, 2016 subject to fulfillment of other eligibility conditions as well. Results of the present petitioners herein shall be published only with the leave of the Court. Learned counsel for the Commission submits that on scrutiny of the applications of these two petitioners, if they fulfill other eligibility conditions as well, the petitioners would be allowed to appear in the exam. List these cases after three weeks to enable respective parties to file their affidavits. 4. According to learned counsel for the petitioners, pursuant to the interim order dated 21.07.2016, the petitioners were allowed to appear in the Mains Examination of “Junior Engineer Civil Competitive Examination, 2014”, however, their final results were not published by the respondent-JSSC in view of the interim order dated 21.07.2016. Subsequently, vide order dated 06.02.2025, on an application filed on behalf of the petitioner of W.P.(C) No. 3515 of 2016, the respondent-JSSC was granted leave to publish the result of both the petitioners and to file an affidavit giving the details thereof. 5. Pursuant to the order dated 06.02.2025, a counter affidavit has been filed on behalf of the respondent-JSSC. 6. Mr. Sanjoy Piprawall, learned counsel appearing on behalf of the respondent-JSSC, refers to paragraph nos. 17 and 18 of the counter affidavit filed in W.P.(C) No. 3515 of 2016, which read as under: 17.
5. Pursuant to the order dated 06.02.2025, a counter affidavit has been filed on behalf of the respondent-JSSC. 6. Mr. Sanjoy Piprawall, learned counsel appearing on behalf of the respondent-JSSC, refers to paragraph nos. 17 and 18 of the counter affidavit filed in W.P.(C) No. 3515 of 2016, which read as under: 17. That, it is stated that in compliance of the aforesaid order dated 06.02.2025 passed by this Hon’ble Court in this case, result of the petitioner has been declared by the JSSC. 18. That, it is stated that the petitioner has secured less marks than the last selected candidate in the category and branch of the petitioner and as such petitioner has not been declared successful in the instant selection process. 7. It is further submitted by learned counsel for the respondent-JSSC that so far as the petitioner of W.P.(C) No. 3706 of 2016 is concerned, he has not even secured the minimum qualifying marks in his category and, therefore, he has not been declared successful in the selection process [a copy of his result has also been annexed as Annexure-A to the counter affidavit filed in W.P.(C) No. 3706 of 2016]. 8. Having heard learned counsel for the parties and considering that the petitioner of W.P.(C) No. 3515 of 2016 has secured less marks than the last selected candidate in his category and the petitioner of W.P.(C) No. 3706 of 2016 has not been able to obtain minimum qualifying marks in the concerned category, no further direction can be issued to the respondents on the present issue. 9. Both the writ petitions are accordingly dismissed. 10. The petitioners are, however, at liberty to take appropriate recourse as permissible under law against their non-selection pursuant to the concerned examination.