Surja Kujur vs State of Jharkhand and Others

Aparesh Kumar Singh, J.—Heard counsel for the parties. Learned counsel for the petitioner is permitted to implead the Controller of Examination, Jharkhand Public Service Commission as party respondent No. 3.

By way of I.A. No. 4870 of 2013 petitioner has sought indulgence of this Court to keep one seat of the post of Deputy Collector vacant pursuant to the exercise conducted under Advertisement No. 09/2010 for the 4th Limited Deputy Collector Recruitment Examination, 2013.

It is the contention of the petitioner that he belongs to Scheduled Tribes category and applied under the same but in the result published by the Jharkhand Public Service Commission vide Annexure-3, he has been shown to be in unreserved category and, therefore, declared unsuccessful. Learned counsel for the petitioner submits that he has also made representation before the Secretary, J.P.S.C., which however has not yet been responded. He has further submitted that respondent may be directed to consider his representation after verifying his records lying in the Commission in order to make necessary correction in the result otherwise petitioner''s case may suffer irreparable injury.

Learned counsel for the respondent-State and the Jharkhand Public Service Commission (J.P.S.C.) submitted that, the petitioner''s grievance can be looked into by the competent Authority under the J.P.S.C. i.e. Controller of Examination in accordance with law after proper verification of the records lying in the Commission.

In that view of the matter, the writ petition is disposed of without commenting upon the merit of the case at this stage by allowing the petitioner to approach the competent Authority, respondent No. 3, Controller of Examination, J.P.S.C. within a period of two weeks together with all supporting facts and documents. On receipt of such representation, the respondent No. 3, Controller of Examination, J.P.S.C. shall verify the records of the petitioner and pass a reasoned order within period of three weeks, thereafter.

Needless to say, if the petitioner''s result has been inadvertently declared in unreserved category and the contention of the petitioner is found to be true then the rectified result would be declared, thereafter in accordance with law. The writ petition is disposed of in the aforesaid terms. I.A. No. 4870 of 2013 also stands disposed of.