Surja Kujur @APPELLANT@Hash State of Jharkhand

Pramath Patnaik, J.

In the captioned writ application, the petitioner has interalia prayed for quashing of the order dated 29.08.2013 pertaining to rejection of

representations of the petitioner filed in deference to order passed in W.P.(S) No.3353 of 2013. Further, prayer has been made by the petitioner for

consideration of his case afresh by treating him to be a S.T.(Scheduled Tribes) candidate for the post of Deputy Collector in pursuance to the 4th

Limited Dy. Collector Recruitment Examination, 2013 on the ground that decision of the respondents in declaring him under General Category

Candidates thereby debarring him from the consideration as Scheduled Tribes candidates as bad in law.

The brief facts of the case is that the petitioner, though belonging to Schedule Tribe Category, applied for the post of Deputy Collector in pursuance

to Advertisement No.9/2010 for the 4th Limited Dy. Collector Recruitment Examination, 2013. The result was published by the Jharkhand Public

Service Commission and the petitioner has been shown to be unreserved category and declared unsuccessful. Being aggrieved by the action of the

J.P.S.C., the petitioner approached this Court in W.P.(S) No.3353 of 2013 and the said writ petition was disposed of vide order dated 16.08.2013 with

a direction to the petitioner to file a representation before the respondent no.3 i.e. Controller of Examination, J.P.S.C. to verify the records of the

petitioner and pass a reasoned order within stipulated period. In reference to direction of this Court on the representation filed by petitioner, the order

vide Annexure-6 dated 29.08.2013 has been passed by the respondents which is under challenge in the instant writ application. Being aggrieved by the

said order, the present writ application has been filed by the petitioner under Article 226 of the Constitution of India for redressal of his grievances.

Learned counsel for the petitioner has vehemently submitted that on perusal of Annexure-3, it would be evident that the petitioner has secured

marks 114.65 and has been declared as unsuccessful and the cut off marks under S.T Category was 113.70. Therefore, had petitioner been

considered under S.T Category, then he would have been selected for the post in question. In this respect, the petitioner has referred to a decision

rendered by the Hon’ble Apex Court in the case of Ram Kumar Gijroya Vs. Delhi Subordinate Services Selection Board & Another as reported

in (2016) 4 SCC 754 wherein the Hon'ble Apex Court while considering the question of law has held that 'as to whether a candidate who appears in

examination under the O.B.C category and submits certificate after the last date mentioned in the advertisement is eligible for selection to the post

under the O.B.C. Category or not'. The Hon'ble Apex Court has rendered the judgment in the affirmative. Learned counsel for the petitioner submits

that the case of the petitioner ought to be considered in the light of the aforesaid judgment in the ratio of the Hon'ble Apex Court. Moreover, the

petitioner's residence is Jharkhand and belongs to S.T Category and has produced the caste certificate of the Block Development Officer, Latehar

and the examination is limited examination confined to candidates not an open competition. Therefore, the respondents ought to have considered

liberals without a hyper technical view. Learned counsel for the petitioner further submits that the caste certificate issued by the Block Development

Officer who is the authority to issue the certificate could not have been brushed aside by the respondents and Clause-13 of the advertisement relating

to submission of caste certificate from concerned officer issued at the level of Sub Divisional Officer is directory and not mandatory in nature.

Therefore, action of the respondents in rejecting representations of the petitioner in the impugned order, vide Annexure-6 suffers from non-application

of mind being in the teeth of Articles 14 and 16 of the Constitution of India.

Repelling the contentions made in the writ application, a counter-affidavit dated 05.12.2017 has been filed by the respondent nos.2 and 3 wherein it

has been submitted that in pursuance to requisition sent by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of

Jharkhand, the J.P.S.C started selection process of 2nd, 3rd and 4th Limited Examination for appointment on the post of Deputy Collector against the

vacancies requisitioned by the State Government and accordingly, Advertisement No.09/10 was issued by which the application was invited from the

eligible candidates for consideration of the candidature for appointment on the post of Deputy Collector. In the Advertisement itself, the proforma of

application forms was given which was submitted by the concerned candidates alongwith relevant documents, as per Annexure-A to the Counter-

affidavit. It would be evident from perusal of Annexure-A that in proforma of the application form vide Clause-13, it has been mentioned that:

 “D;k vkosnd vkj{k.k dk nkok djrs gSa] ;fn gk¡ rks tkfr ,oa dksfV dk mYys[k djsa ,oa l{ke inkf/kdkjh] vuqeaMy inkf/kdkjh }kjk >kj[kaM xBu ds

ckn dk fuxZr tkfr ,oa vkoklh; izek.k&i= layXu djsaAâ€​

Further, it has also been mentioned in proforma application of the Advertisement under heading Ghoshna Patra that:

,rn~ }kjk ?kks""k.kk djrk@djrh gw¡ fd vkosnu i= esa mYysf[kr lHkh fooj.kh lR; ,oa lgh gSA fdlh izdkj dh xyr lwpuk ,oa vuqekU; vgrkZ ugha ik;s tkus

ij vkosnu vLohd`r djus ;k fdlh Hkh fu.kZ; ds fy;s >kj[kaM yksd lsok vk;ksx l{ke gksxk o eq>s Lohdk;Z gksxkA

It has further been submitted that after creation of the State of Jharkhand, the J.P.S.C has no option but to treat the petitioner as general category

candidates. Further, it has been submitted that since the petitioner has secured less marks than the last recommended candidate in general category,

accordingly the petitioner was not declared successful in the written examination.

Supplementary counter-affidavit dated 12.02.2018 has been filed by the respondent nos.2 and 3 annexing the letter of the Department of Personal

Administrative Reforms and Rajbhasa Department Government of Jharkhand dated 24.07.2013 which has clarified that for participation in

Government services and Competitive Examination, the Caste Certificate issued not below the rank of Sub Divisional Officer is only valid as per

Annexure-C to the affidavit.

Learned counsel for the JPSC apart from submissions made in the counter-affidavit as well as supplementary counter-affidavit has submitted that

the decision cited by the learned counsel for the petitioner is not applicable to the case in hand in view of paragraph nos.8 and 14 of the said judgment.

Learned counsel for the JPSC further submits that the selection process has already been completed in 2013, therefore, there is no scope for

reconsideration of the case of the petitioner. Learned counsel for the JPSC has also referred to decision rendered in L.P.A No.469 of 2015 in the

case of Prem Chand Kumar Vs. The State of Jharkhand and Others wherein the Division Bench of this Court by referring to other judgments as well

as the judgment in Ram Kumar Gijroya's case as reported in (2016) 4 SCC 754 has been pleased to hold that the said case is distinguishable from the

present case because in the instant case, the condition of the appointment was for submissions of residential as well as caste certificate issued by an

officer not below the rank as has been enshrined in the advertisement.

The Hon'ble Division Bench has been pleased to hold that the case as reported in (2016) 4 SCC 754 is not applicable to the case where specific

conditions in the advertisement would be there. The case of the petitioner is squarely covered by the aforesaid decision rendered in L.P.A. No.469 of

2015. Learned counsel for the JPSC has also referred to decision of Pranjali Bhalchandra Shirsat Vs. State of Maharashtra and Ors.,wherein the

Hon'ble Court has been pleased by referring extraordinary and discretionary jurisdiction to alter the cut off date and disturbing the process by

distinguishing the Ram Kumar Gijroya's case. Learned counsel for the JPSC has also referred to decision reported in L.P.A No.361 of 2015 wherein

the Hon'ble Court has been pleased to hold that if the candidate who has failed to submit requisite certificates within the cut-off-date would not be

entitled to the claim of benefit of reservation.

Having heard learned counsel for the respective parties and on bestowing my anxious consideration to the evidences on record, the case of the

petitioner does not merit consideration in view of the following facts and reasons stated hereinbelow:-

(I) From perusal of the Advertisement No.09/2010 issued by the J.P.S.C, for Limited Competitive Examination, it would be quite evident under column

13 of the application form that to avail the benefit of reservation, the candidate must have to mention his caste and category and submit the caste and

residential certificate issued by the competent authority i.e. Sub Divisional Officer. The petitioner has submitted the application alongwith caste

certificate issued by the Block Development Officer, Mahuadand since the caste certificate submitted by the petitioner was not by the competent

authority therefore, as per advertisement, he has been treated under unreserved category. Therefore, there is absolutely no infirmity or illegality in the

impugned order passed by the respondents, vide Annexure-6 dated 29.08.2013 to the writ application.

(II) Admittedly, the petitioner has secured less marks and was listed under general category and as such, the petitioner has been declared

unsuccessful in the written test examination.

(III) So far as ratio of the decision rendered by the Hon'ble Apex Court as reported in (2016) 4 SCC 754 in Ram Kumar Gijroya's case that Hon'ble

Apex Court has permitted to settle cut-off-date and the said decision was rendered and there was no specific stipulation prior to declaration of results

but the result was declared. In the instant case, as per Clause-13 of the advertisement, residential as well as caste certificate issued by an officer not

below the Circle Officer was required to be attached to the application form. Therefore, the present case is different from the reported decision.

(IV) The Hon'ble Division Bench in L.P.A No.469 of 2015 dated 21.06.2018 in Prem Chand Kumar Vs. The State of Jharkhand & Others by relying

on various judgments including the judgment reported in (2016) 4 SCC 754 has been pleased to hold that the said judgment is not applicable and the

case of the petitioner is squarely covered by the decision rendered in L.P.A. No.469 of 2015.

In view of the reasons stated in the forgoing paragraphs, the impugned order vide Annexure-6 to the writ application does not warrant any

interference by this Court, accordingly, the writ petition sans merit is dismissed.