JHARKHAND PUBLIC SERVICE COMMISSION versus MANOJ KUMAR GUPTA AND ANR.

Citation: [2019] 18 S.C.R. 984 · Decided: 18-12-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO, DEEPAK GUPTA · Disposal: Disposed off
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Judgment (excerpt)

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984
SUPREME COURT REPORTS
[2019] 18 S.C.R.
JHARKHAND PUBLIC SERVICE COMMISSION
v.
MANOJ KUMAR GUPTA AND ANR.
(Civil Appeal No. 9441 of 2019)
DECEMBER 18, 2019
[L. NAGESWARA RAO AND DEEPAK GUPTA, JJ.]
Service Law – Jharkhand Eligibility Test – Eligibility of the
candidates for appointment as lecturers – Jharkhand Public Service
Commission (JPSC) issued advertisement on 19.07.2006 inviting
applications for Jharkhand Eligibility Test – The test consisted of
three papers; the first two papers were multiple choice questions
and third paper was a descriptive type question paper  –  Candidates
obtaining 50% marks in Paper I and II were eligible to take test in
paper III – The writ petitioner obtained 50% marks in papers I and
II – Thereafter, writ petitioner appeared in paper III – The JPSC
fixed a cut off percentage of 60 for paper III which the writ
petitioner did not attain and he was declared unsuccessful – Writ
petition – High Court held that JPSC could not fix the minimum
marks for paper III – On appeal, held: There were no minimum
marks provided for paper III in the advertisement – It was for the
moderation committee to decide what should be the cut-off marks –
This could be done by the moderation committee even at a later
stage – This was not a change brought about but an additional
aspect brought in while determining the merit of the candidates who
were found fit to be eligible for consideration for appointment of
lecturers – High Court erred in holding that the JPSC could not fix
the minimum marks for paper III – Therefore, judgment of the High
Court set aside.
Disposing of the appeals, the Court
HELD : 1. A perusal of Clause 4.1 of the scheme clearly
indicates that the moderation committee has been constituted
only for the purpose of deciding the cut-off marks in each subject
for declaring the result. The advertisement clearly indicates that
only those candidates who obtained 50% marks in Paper I and II
[2019] 18 S.C.R. 984
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would be eligible to take the test in Paper III. The minimum
qualifying marks in case of General/OBC candidates was 50%.
At this stage, there was no need to fix the qualifying marks for
Paper III. That need will arise only when the moderation
committee meets and decides what should be the level of
competence expected from the people who are to be considered
for appointment as Lecturers. It is for the moderation committee
to decide what should be the cut-off marks. There could be the
subject where all the people who qualified Paper I and II get
very low marks in Paper III and the moderation committee may
be justified in lowering the standards and prescribing lower
qualifying standards. On the other hand, there may be a subject
where there are many candidates who do extremely well in Paper
III and the moderation committee may decide to fix a higher
minimum standard. The constitution of a moderation committee
is normally done only to do this sort of moderation. [Para 6]
[988-C-F]
2. As far as the finding of the High Court that the rules of
the game were changed after the selection process had started,
this Court is of the considered view that this is not the case as far
as the present case is concerned. There were no minimum marks
provided for Paper III in the advertisement. This could be done
by the moderation committee even at a later stage. This is not a
change brought about but an additional aspect brought in while
determining the merit of the candidates who are found fit to be
eligible for consideration for appointment of Lecturers.
[Para 7][988-F-G]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9441
of 2019.
From the Judgment and Order  dated 09.11.2016 of the High Court
of  Jharkhand at Ranchi in W.P. (C) No. 3705 of 2015.
With
Civil Appeal No. 9442 of 2019.
Sunil Kumar, Sr. Adv., Abhishek Vikas, Jamnesh Kumar, Parth
JHARKHAND PUBLIC SERVICE COMMISSION v.
MANOJ KUMAR GUPTA AND ANR.
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986
SUPREME COURT REPORTS
[2019] 18 S.C.R.
Shekhar, Himanshu Shekhar, Anil K. Jha, Chandra Anand Jha, Advs. for
the appearing parties.
The Judgment of the Court was delivered by
DEEPAK GUPTA, J.
1. The Jharkhand Public Service Commission (JPSC) issued an
advertisement on 19.07.2006 inviting applications from candidates
desirous of competing in the Jharkhand Eligibility Test (JET). This test is
not meant for selection to any post but is conducted to determine the
eligibility of the candidates for appointment as lecturers in universities
and colleges of the
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