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

Jharkhand PSC
petitioner, is quite illegal as when the petitioner and others of general category had taken examination
and also appeared for interview, pursuant to advertisement made in the year 2003, respondent had no
authority to change the criteria of the process of selection by showing vacancy for the unreserved
category as ‘Nil’ by applying policy of roster set out subsequent to issuance of advertisement and, as
such, corrigendum issued under Annexure 6 is fit to be quashed. Further grievance of the petitioner is
that though common written test was held, pursuant to advertisement made in the year 2003 and 2005
for filling up the posts in the Department of Drinking Water and Sanitation and Water Resources
Department for which results were prepared separately for both the departments but most strange
part of the matter is that even candidates who were the applicants under advertisement published in
the year 2005, were declared successful for the posts advertised in the year 2003 and, therefore, the
results as contained in Annexure 7 is also fit to be set aside.
However, case of the respondents is that 5 posts of Assistant Engineer (Mechanical) were advertised
to be filled up in the Department of Public Health and Engineering (now known as Drinking Water and
Sanitation Department) wherein category wise vacancy was never shown. When the Department,
before examination was held, found that the vacancies have increased, corrigendum was issued under
Annexure B wherein 9 posts of Assistant Engineer (Mechanical) were shown to be vacant. Further
case is that before the examination could be undertaken, when the Government did find that vacancies
for the posts of Assistant Engineer and Junior Engineer (Civil and Mechanical) do exist in the Department
of Water Resources, another advertisement was issued in the year 2005 wherein it was indicated that
the position of vacancy is subject to its variation. Thereupon it was decided by the Government as
also by the Jharkhand Public Service Commission to hold common written test for the post of advertised
in the year 2003 and in the year 2005. Accordingly, admit cards were issued to the candidates
indicating therein that though separate admit cards have been issued, but they can chose to appear in
only one examination and in that event, admit cards issued for the other examination would stand
cancelled automatically. When the result of written test was published, successful candidates were
called for interview and at the time of interview, they were asked to give option either for Drinking
Water and Sanitation Department (earlier known as PHED) or for Water Resources Department if
the candidates have applied for, against the posts advertised in the year 2003 and 2005. But the
petitioner had not applied for against the posts advertised in the year 2005 and, therefore, his candidature
stood as against the vacancy of the Drinking Water and Sanitation Department. Further case is that
during the pendency of the selection process, Drinking Water and Sanitation Department released the
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