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

398
Jharkhand PSC
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) NO.3416 OF 2007
D.D. 18.10.2008
Hon’ble Mr. Justice R.R.Prasad
Anil Kumar Singh ... Petitioner
Vs.
Jharkhand P.S.C. & Ors. ... Respondents
Examination:
The petitioner was a candidate for selection to 5 posts of Assistant Engineer (Mechanical) in the
Department of Public Health Engineering (P.H.E.D.) advertised in the year 2003 – Subsequently in
2005 another advertisement was issued for selection to 8 posts of Assistant Engineer (Mechanical) in
Water Resources Department, to which the petitioner was not a candidate – Common written test
was held – At the fag end of the selection process a Corrigendum to the advertisement issued earlier
in the year 2003 wherein vacancy for the candidates of unreserved category was shown as ‘Nil’
whereas vacancies for SC, ST & OBC were shown as 1, 5 & 1 respectively – In the counter affidavit
submitted by the Department that after applying post based roster on the sanctioned post of 19 it was
found as against 10 posts meant for the candidates of unreserved category, 11 persons were working
and therefore, vacancy as against general category was shown as ‘nil’ – Considering this fact and the
fact that successful candidates who had applied for both the advertisements were asked to opt either
for Water Resources Department or PHED the Court has held that there is no inherent defect in the
result published wherein even applicants of the year 2005 were shown successful for the posts advertised
in the year 2003 and consequently dismissed the writ petition.
ORDER
Pursuant to advertisement issued by Jharkhand Public Service Commission (JPSC), vide
advertisement no.12 of 2002-03 inviting applications for the appointments on 5 posts of Assistant
Engineer (Mechanical) in the Department of Public Health and Engineering (P.H.E.D.), the petitioner
being eligible applied for the same. Subsequently in the year 2005, another advertisement was issued,
vide advertisement no.8 of 2005 for the appointments on 8 posts of Assistant Engineer (Mechanical)
in the Water Resources Department, to which the petitioner did not chose to apply for. However, for
both the posts as advertised in the year 2003 and also in the year 2005, common written test was held
and the petitioner came out successful and was called for interview on 20.3.2007. While the selection
process was at its fag end, Jharkhand Public Service Commission published a corrigendum (Annexure
6) to the advertisement issued earlier in the year 2003 wherein vacancy for the candidates of unreserved
category was shown as ‘Nil’ whereas vacancies for SC, ST and OBC were shown as 1, 5 and 1
respectively. Thereupon, results were published on 19.5.2007 wherein none of the candidates of
unreserved category was shown successful which, according to learned counsel appearing for the