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

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vacancy position after applying principle of roster wherein vacancy as against the general candidate
was shown as ‘nil’ whereas vacancies for SC, ST and OBC were shown as 1, 5 and 1 respectively.
Thus, stand of the Department as well as Jharkhand Public Service Commission is that when there
was no vacancy for the unreserved category and as such no one of general category was selected for
the appointment on the post of Assistant Engineer (Mechanical) in the Drinking Water and Sanitation
Department.
Having heard learned counsel appearing for the parties and regard being had to the pleadings of the
respective parties, I do not find any substance in the submission advanced on behalf of the petitioner
that the entire selection process gets vitiated on account of the fact that criteria of roster clearance
adopted subsequent to issuance of the advertisement in the year 2003 was applied for in declaring the
result as it is evidently clear that under the advertisement issued in the year 2003, vacancy position had
never been mentioned, rather it had been categorically mentioned that “SARKAR DWARA
NIRDHARIT VIDHI SANGAT RITI SE ANUSUCHIT JATIYON/ANUSUCHIT JANJATIYON
TATHA PICHHDI SHRENI KE UMMIDWARON KE LIYE RIKTIYON KA AARAKSHNAN
KIYA JAYEGA”.
However, vacancies subsequently increased to 9. Subsequently when the Government came to
know before holding examination for the appointment for the posts as advertised that the vacancies
for the posts of Assistant Engineer (Mechanical) and also (Civil) have fallen vacant in Water Resources
Department another advertisement was issued in the year 2005. Thereupon the Government as well
as Jharkhand Public Service did decide to hold common written test for filling up the posts advertised
in the year 2003 and 2005. It would be significant to note here that under the advertisement issued in
the year 2005, it has also been mentioned that the position of vacancy as advertised shall be subject to
variation. When the common test was conducted, Jharkhand Public Service Commission was intimated
about the vacancy position of Drinking Water and Sanitation Department as seven wherein vacancy
for the general candidates was shown as ‘nil’ whereas vacancies for SC, ST and OBC candidates
were shown as 1, 5 and 1 respectively.
Jharkhand PSC
Mr. A.K.Sinha, learned senior counsel appearing for the Jharkhand Public Service Commission by
putting emphasis made in the counter affidavit submitted that the department (Drinking Water and
Sanitation Department) after applying post based roster on the sanctioned post of 19 did find that as
against 10 posts meant for the candidates or unreserved category, 11 persons are working and,