Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | minimum marks for qualification appointment as lecturers Service Law Jharkhand Eligibility Test |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | 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. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 1401 |
Petitioner | Jharkhand Public Service Commission |
Respondent | Manoj Kumar Gupta And Anr. |
SCR | [2019] 18 S.C.R. 984 |
Judgement Date | 2019-12-18 |
Case Number | 9441 |
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