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Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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Jharkhand PSC<br />

The petitioners pray that the respondent JPSC be directed to conduct a fresh examination for the<br />

petitioners for one day or in the alternative to initiate disciplinary proceedings against the erring<br />

respondents who failed to forward the petitioners’ applications and further to pay compensation to the<br />

petitioners.<br />

It appears that the petitioners’ appearance at the examination has been frustrated on account of the<br />

lapses on the part of the respondents no.5 and 6. Holding of fresh examination for the petitioners is<br />

within the exclusive discretion of the JPSC depending upon the Rules framed and this Court would not<br />

be inclined to pass any direction to the JPSC in this regard.<br />

As regards initiation of departmental proceedings against the erring respondents, this also would<br />

be within the jurisdiction of the State. The concerned authorities of the State should nevertheless take<br />

a strong view of the lapse on the part of the erring respondents, as pointed out by the petitioners and<br />

the learned counsel for the State, and to issue appropriate direction in this regard, so that similar lapses<br />

should not occur in future.<br />

Though as submitted by the petitioners, on account of being deprived from appearing at the<br />

examination, the petitioners have suffered mentally as well as heavy financial loss, but the manner and<br />

extent of the loss suffered by the petitioners has not been explained.<br />

Considering the facts and circumstances as aforesaid, since the examination for which the petitioners<br />

had applied has already been held no relief in terms of the prayer can be granted to the petitioners in<br />

this writ petition. Accordingly, this application is dismissed.<br />

***<br />

397

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