Jharkhand High Court
Sushma Sanga vs The State Of Jharkhand on 3 July, 2023
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.2209 of 2016
1. Sushma Sanga, Daughter of Sri Jagarnath Sanga, Resident of Vill -
Jorar, Namkum, P.O. - Namkum, P.S. - Namkum, District -
Ranchi, Pin Code - 834010
2. Dharmendra Kumar, Son of Sri Vijay Ram, Resident of Vill -
Pratappur, P.O. - Pratappur, P.S. Pratappur, District - Chatra, Pin
Code - 825404
3. Binod Kumar Prajapati, Son of Sri Ramdeo Pandit, Resident of
Tapowan Gali, Kokar, P.O.- Kokar, P.S.- Sadar Kokar, District -
Ranchi, Pin Code-834001.
4. Avinash Krishna, Son of Sri Anil Kumar, Resident of Lohsinghna
Road, Hazaribagh, P.O.- Hazaribagh, P.S.- Sadar Hazaribagh,
District- Hazaribagh, Pin Code- 825301.
5. Gautam Prasad Mehta, Son of Sri Vijay Prasad Mehta, Resident of
Vill.- Alounja Khurd, P.O.- Ichak, P.S.- Ichak, District -
Hazaribagh, Pin Code- 825402.
6. Ratnesh Dadel, Son of Sri Herrick Dadel, Resident of Kadru
Kumhar Toli, Near Lakra Hostel Lane, P.O.- Doranda, P.S-
Argora, District - Ranchi, Pin Code- 834002
7. Seema Rani Ekka, Daughter of Sri Raymond Ekka, Resident of
Vill. Pinjra Dipa, P.O.- Palkot, P.S.- Palkot, District- Gumla, Pin
Code-835220.
8. Vinay Kumar, Son of Sri Balwant Kumar Singh, Resident of
Quarter No. L4/7, Road No.- 9, Bistupur, P.O.- Bistupur, P.S.-
Bistupur, District - East Singhbhum, Pin Code- 831001.
9. Manish J Dungdung, Son of Sri Crishtopher Dungdung, Resident
of Anjali Apprartment- 301, North office para, Doranda, P.O.-
Doranda, P.S.- Doranda, District- Ranchi, Pin code-834002.
10.Rahul Kujur, Son of Sri Mirza Oraon, Resident of Subhash Nagar,
Lane No. 2, Bajra Itki Road, P.O.- Hehal, P.S- Sukhdev Nagar,
District- Ranchi, Pin Code-834005.
11.Birendar Soren, Son of Sri Lakhiram Soren, Resident of
Kaladabar, Barwa East via Nirsa chatti, P.O.- Barwa East, P.S.-
Govindpur, District- Dhanbad, Pin Code-828205
12.Arvind Kumar Sahu, Son of Sri Subhankar Saw, Resident of River
Road Boreya, P.O.- Boreya Kanke, P.S.- Kanke, District- Ranchi,
Pin Code-835240.
13.Md. Tariq Anwar, Son of Md. Anwarul Haque, Resident of Vill-
Khuttikewal Khurd, Hunterganj, P.O.- Hunterganj, PS-
Hunterganj, District- Chatra, Pin Code-825403.
14.Chandan Oraon, Son of Sri Anand Oraon, Resident of Kachnar
Toli, P.O.- Hatia, P.S.- Jagnathpur, District- Ranchi, Pin Code-
834003.
15.Deepak Kumar Tiwary, Son of Sri Gokul Tiwary, Resident of
House No. 30, Old A.G. Colony, Hinoo Chowk, P.O- Doranda,
P.S.- Doranda, District- Ranchi, Pin Code-834002.
16.Mandip Kumar Gupta, Son of Sri Mahesh Prasad Gupta, Resident
of Rerma Chowk, Medininagar, P.O.- Daltonganj P.S.-
Medininagar, District - Palamu, Pin Code-822101.
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17.Anand Kishor Dangi, Son of Sri Govind Dangi, Resident of
Village Gidhaur, P.O.- Gidhaur, P.S.- Gidhaur, District- Chatra,
Pin Code-825408
18.Devendra Kumar Mehta, Son of Sri Chandra Mohan Mahto,
Resident of Chargi, P.O. Chargi, P.S.- Petarwar, District- Bokaro,
Pin Code-829121.
19.Anil Kumar, Son of Sri Harihar Karmali, Resident of Mahuatand,
P.O. Mahuatand, P.S.- Mahuatand, District- Bokaro, Pin Code-
829134.
20.Ravi Ranjan Kumar Singh, Son of Sri Ram Krishna Singh,
Resident of Malti Niwas, Delatoli Kokar, P.O. - Bariyatu, P.S.-
Sadar, District- Ranchi, Pin Code-834009.
21.Mohammad Nazeem, Son of Mohammad Asim, Resident of
Mohammad Ganj Colony, P.O.- Mohammad Ganj, P.S.-
Mohammad Ganj, District-Palamu, Pin Code-822120.
22.Nitin Kumar, Son of Late Sri Bipin Bihari Prasad, Resident of
Bara Bazar, Subhash Marg, Mallahtoli, Hazaribag, P.O.- Sadar
Hazaribag, P.S.- Sadar Hazaribag. District- Hazaribag, Pin Code-
825301
23.Vivekanand Tiwary, Son of Sri Ramchandra Tiwary, Resident of
Sunday Market, Ratu, P.O.- Ratu, P.S. Ratu, District- Ranchi, Pin
Code-835222.
24.Suraj Kumar Rajak, Son of Sri Ram Chandra Rajak, Resident of At
near Gomia Police Station, P.O.- Gomia, P.S.- Gomía, District-
Bokaro, Pin Code- 829111.
25.Ranjit Kumar, Son of Sri Dhaneshwar Yadav, Resident of Vill.-
Ghatiyari, P.O.- Ghatiyari, P.S.- Sundar Pahari, District- Godda,
Pin Code-814156,
26.Rakesh Kumar Jha, Son of Late Sri Chakradhar Jha, Resident of
Radha Bhawan, Professor Colony, P.O.- Godda, P.S.- Godda
Town, District- Godda, Pin Code- 814133.
27.Ramesh Kumar Yadav, Son of Sri Chandrika Yadav, Resident of
River View Colony, Jojobasa Hatia, P.O.- Hatia, P.S.-
Jagarnathpur, District - Ranchi, Pin Code-834003.
28.Ashish Kumar, Son of Sri Paras Nath Sinha, Resident of House
No. M.I.G. D18, Harmu Housing Colony, P.O.- Harmu, P.S.-
Argora, District - Ranchi, Pin Code- 834002.
29.Vijay Kumar Prasad, Son of Sri Narayan Prasad, Resident of Vill.-
Govindpur, P.O.- Govindpur, P.S.- Karra, District- Khunti Pin
Code-835234.
30.Birendra Oraon, Son of Sri Ramkishor Oraon, Resident College
Road Ghaghra, P.O.- Ghaghra, P.S.- Ghaghra, District- Gumla, Pin
Code- 835208.
31.Gopaljee Jha, Son of Sri Chandra Mohan Jha, Resident of Flat No.-
C-101, Chandra Residency, Chesire Home Road, Bariatu, P.O.-
RIIMS, P.S.- Ranchi Sadar, District- Ranchi, Pin Code- 834009.
... ... Petitioners
Versus
1. The State of Jharkhand, through its Chief Secretary, Govt. of
Jharkhand, Project Building, Dhurwa, P.O. and P.S. Dhurwa,
Ranchi.
3
2. The Principal Secretary, Personnel Administrative Reforms and
Rajbhasha Department, Govt. Of Jharkhand, Project Building,
Dhurwa, P.O. and P.S. Dhurwa, Ranchi.
3. Jharkhand Public Service Commission, through Its Chairman,
Circular Road, P.O.-G.PO, P.S.- Kotwali, Ranchi.
4. The Secretary, Jharkhand Public Service Commission, Circular
Road, P.O.-G.P.O, P.S.- Kotwali, Ranchi.
5. Controller of Examination, Jharkhand Public Service Commission,
Circular Road, P.O.- G.PO, P.S.- Kotwali, Ranchi.
6. The Public Information Officer, Jharkhand Public Service
Commission, Circular Road, P.O- G.P.O. P.S. Kotwali, Ranchi
7. Abhishek Bhushan (Roll No.- 61323640)
S/o-Not Known.
R/o- Not Known, Presently, through the Chairman / Secretary/
Examination of controller, Jharkhand Public Service Commission,
Circular Road, P.O.- G.P.O., P.S.- Kotwali, Ranchi, Pin code-
834001/ through the Secretary, Personnel Administrative Reforms
and Rajbhasha Department, Govt. Of Jharkhand, Project Building,
Dhurwa, P.O. and P.S. Dhurwa, Ranchi,
8. Neetu Singh (Roll No.-61323598)
D/o - Not Known.
R/o- Not Known, Presently, through the Chairman / Secretary/
Examination of controller, Jharkhand Public Service Commission,
Circular Road, P.O.- G.P.O., P.S.- Kotwali, Ranchi, Pin code-
834001 through the Secretary, Personnel Administrative Reforms
and Rajbhasha Department, Govt. Of Jharkhand. Project Building.
Dhurwa, P.O. and P.S. Dhurwa, Ranchi,
9. Sunil Das (Roll No.-61323256)
S/o- Not Known.
R/o- Not Known, Presently, through the Chairman / Secretary/
Examination of controller, Jharkhand Public Service Commission,
Circular Road, P.O- G.P.O., P.S.- Kotwali, Ranchi, Pin code-
834001 through the Secretary, Personnel Administrative Reforms
and Rajbhasha Department, Govt. Of Jharkhand, Project Building,
Dhurwa, P.O. and P.S. Dhurwa, Ranchi,
N.B.:- Serial No. 7 to 9 are impleaded as party respondents in
representative capacity being amongst Successful / Recommended
Candidates of 5th Combined Civil Services Examination, 2013
through the Chairman / Secretary / Examination of controller,
Jharkhand Public Service Commission, Circular Road, P.O.-
G.P.O., P.S.- Kotwali, Ranchi, Pin code- 834001 through the
Secretary, Personnel Administrative Reforms and Rajbhasha
Department, Govt. Of Jharkhand, Project Building, Dhurwa, P.O.
and P.S. Dhurwa, Ranchi, as their parentage and residential
address are not known to the petitioners here in. And for the reason
that practically it is difficult rather impossible to make all 269
Successful / Recommended Candidates of the aforesaid
examination to implead individually as party respondents
... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioners : Mr. Amritansh Vats, Adv.
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: Mr. Abhishek Kr. Singh, Advocate
For the State : Mr. Chandan Tiwari, A.C. to G.A. I
For the JPSC : Mr. Sanjoy Piprawall, Advocate
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17/03.07.2023 Learned counsels for the parties are present.
2. This writ petition has been filed for the following reliefs:
"A. For quashing of the final results and recommendations (Annexure- 17) of the Respondents no. 4 the Jharkhand Public Service Commission (for short the commission hence forth) in respect of the 5th Combined Civil Service Examination, 2013 pursuant to the advertisement bearing 06/2013 dated 03.07.2013 (Annexure-1)in view of the fact of :-
i) MID-WAY change in the terms of the Advertisement and Rules of the game by setting of minimum qualifying cut-off marks of 548 to 644 for different categories of candidates of the main's examination of the aforesaid examination on 03.11.2015 whereas the advertisement was made on 03.07.2013. (Annexure- 1)
ii) The aforesaid result of the commission was also in- violation of the terms of the aforesaid advertisement of 03.07.2013 which did not mention the aforesaid qualifying cut off marks of 548 to 644 for different categories of the candidates.
(iii) Application of obsolete, Non-essential, non-substantive of suspicious and doubtful in-built characteristics of OMR Sheets system, yet used in the aforesaid examination, 2013 as the sole basis of testing of merit, discarding the marks scores got by manual evaluation of answer books and so used to eliminate arbitrarily, motivationally and illegally, about 520 higher scorers with higher rank in merit only to favour the chosen ones with lesser marks and rank per merit, engraved with dire consequences for generations by manning important public posts and dis-service to the state.
(iv) For these reasons of grave concern members of the legislature and the government of the state, seized with problem of unjustified, harmful to the state merit-crusher and mediocre-favourer OMR system, instantly and unanimously resolved and decided to give it an immediate go by as notified vide Memo No.- 3143 dated (Annexure-
22) a timely prompt succor and rescue to meritorious sufferers and public appointments. Non-allocation and appointment on statutory 3% posts of physically challenged-differently abled Divyangs in the sheer violation of the P.W.D. Act 1995 particularly its sections- 32 and 33.
v) Violation of the Reservation Policy in several ways particularly by giving multiple- stage benefits of reservation to a few favoured candidates in teeth of statutory provision for single-stage reservation and that only at the cost of deprivation of several deserving candidates from their rightful due.
(vi) Rejection of 520 comparatively much meritorious candidates by abuse of doubtful obsolete OMR Sheets system and in grab of alleged discrepancies in shadowing/ circling of its bubbles at the cost of merit to favour the mediocre.
Now the government has rightly thrown it out in the interest of merit and public good,
(vi) Non-disclosure and non-supply of information by the commission of identities like Roll nos, marks, copies of the answer books, marks sheet of all so-called rejected candidates, on the sole ground of erroneous shadowing of bubbles, even though far meritorious per evaluated marks got in respective answer books in the aforesaid 5th combined civil services main examination, 2013 but yet are deprived from interview.
(viii) Also, non-disclosure of marks sheet and answer script of the so called successful / recommendess to know the truth and sanctity of selectees in public interest.
(ix) Non-disclosure of the method of scaling/ moderation adopted by the Respondent commission in awarding marks in the main (written) examination, 2013.
5(x) 26% selection of candidates of single subject e.g. Anthropology, out of total 269 selectees, coached and tutored by a particular coaching institute and placed in a continuous seriatim of merit list raising hundred and thousand questions of doubt and apprehension about large scale favouritism, nepotism and castism.
(x) Apprehension of large-scale illegalities, irregularities, favouritism of all shades, machination and scheming played in the process of the aforesaid examination. Its result and recommendation tainted beyond description. The precedent of the conduct of the respondent commission as revealed by reports of vigilance department, Govt. enquires, letter of H.E. the Governor dated 16.03.2009 to H.H. the president for inquiry and action under article 317(1) (Annexure 16) media reports and also judgment and orders dated 14.06.2012 in W.P.(PIL) No.- 3594 of 2011 etc. (Annexure- 15) 2012 SCC Online Jhar. 652 of this Hon'ble court has said more than stated here.
B. For issuance of order, direction or any other appropriate writ for setting aside the action of the respondent commission in rejecting the OMR sheets of 520 candidates on technical / frivolous ground of so- called discrepancies in shadowing of the respective bubbles in the OMR sheet of the mains answer books.
C. For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent commission to consider the marks obtained by the 520 candidates who have been rejected on the technical / frivolous ground of so called discrepancies in shadowing of the respective bubbles in the OMR sheet of the mains answer book and prepare a fresh result for the mains (written) examination.
D. For issuance of order, direction or writ of Mandamus or any other appropriate writ for consequently directing the respondent commission to conduct fresh interview after preparation of fresh merit list in terms of the aforesaid prayer made in the preceding paragraph of the present writ application.
E. For issuance of order, direction or writ of Mandamus or any other appropriate writ for constitution of a Special Investigation Team for enquiring into the alleged scams leveled against the respondent authorities while filling up the posts in pursuance of the advertisement bearing no. 06/2013 dated 03.07.2013 issued for 5th Combined Civil Services Examination.
F. For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent commission to immediately produce the following information in relation to the 5th Civil Services Mains examination for appointment to Jharkhand Civil Services held in the month of May-June 2015;
i) Disclosure of Roll number of candidates who have been rejected on the technical / frivolous ground of so called discrepancies in shadowing of the respective bubbles in the OMR sheet of the mains answer books.
ii) Photo / True copies of the answer script for the aforesaid Mains examination of those candidates who have been rejected on aforesaid ground.
iii) Disclosure of subject wise detailed mark sheets of all the candidates who have appeared in 5th Civil Services Mains examination.
iv) Category wise list of selected / recommended candidates and marks obtained by them in the mains and interview conducted by the respondent commission in the aforesaid exam.
v) Method of scaling/ moderation adopted by the respondent commission while awarding marks in the mains (written) exam conducted by the respondent commission in the aforesaid exam. G. For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the Respondent to bring uniformity on 6 the system of awarding marks in personality test by reducing excessive subjectivity.
H. For a declaration that the inconsistency in adopting Scaling/ Moderation / Standardization of marks for selection process caused by the inaction of the Jharkhand Public Service Commission in framing Rules in this regard and selection of candidates without following the aforesaid methods to eliminate variations of marks (hereinafter referred to as Commission') is unreasonable, arbitrary and violative of Articles 14 and 16 of the Constitution of India. I. For order, direction or issuance of writ of Mandamus or any other appropriate writ for directing the respondents to frame Rule for adopting Scaling Moderation / Standardization of marks for the Combined Civil Services Competitive Examination conducted by the JPSC.
J. For issuance of order, direction or writ of Mandamus or any other appropriate writ for restraining the respondent commission from proceeding with further recruitment process in pursuance of the advertisement bearing no. 06/2013 dated 03.07.2013 issued for 5th Combined Civil Services Examination till final disposal of the present Writ petition.
K. For issuance of order, direction or any other appropriate writ for seizure of all relevant records of main examination of the 5th combined civil service examination 2013.
L. For any other orders or direction which your Lordship may deem fit in the interest of equity, justice and good conscience."
3. Learned counsel for the respondents has submitted that much time has elapsed as the matter relates to 5th combined civil services examination and the petitioners are challenging the recommendation made as back as on 13.04.2016 (Annexure - 22). Learned counsel submits that an objection was raised by the respondents as recorded in order dated 02.08.2016 that the writ petition is not maintainable for non-joinder of necessary parties i.e. the successful candidates, but the petitioners have not taken any steps to make the successful candidates as party in the present proceedings. A few of them have been made party by only giving the roll number.
4. Learned counsel for the petitioners has no answer as to why no steps were taken pursuant to objection raised as back as on 02.08.2016. This Court finds that the successful candidates are not party before this Court and 2 or 3 of them who have been made parties , their necessary details regarding address etc. has also not been provided. The petitioners have taken no steps inspite of objection raised as recorded in order dated 02.08.2016.
5. There can be no doubt that the successful candidates are necessary party in this case. In view of the aforesaid facts and circumstances, no relief as prayed for by the petitioners can be 7 granted in relation to the selection process involved in the present case.
6. This writ petition is accordingly dismissed.
7. Pending interlocutory application, if any, stands closed.
(Anubha Rawat Choudhary, J.) Saurav/