JHARKHAND PUBLIC SERVICE COMMISSION versus MANOJ KUMAR GUPTA AND ANR.

JHARKHAND PUBLIC SERVICE COMMISSION versus MANOJ KUMAR GUPTA AND ANR.

The JPSC was justified in fixing minimum qualifying marks for Paper III at a later stage by the moderation committee; this did not amount to changing the rules of the game after the process had started as no minimum was specified for Paper III in the advertisement.

Parties
Appellant: Jharkhand Public Service Commission; Respondent: Manoj Kumar Gupta; Respondent: Anr.
Jurisdiction
India
Judgment Date
18 December 2019
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed, High Court judgment set aside, respondent's appeal dismissed.
Legal Topics
Eligibility Test, Lecturer Appointment, Minimum Qualifying Marks, Moderation Committee
Service Law Eligibility Test Lecturer Appointment Minimum Qualifying Marks Moderation Committee

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Parties

Jharkhand Public Service Commission

Appellant

Manoj Kumar Gupta

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether JPSC could fix minimum qualifying marks for Paper III after advertisement and during the selection process
  2. 2 Whether fixing qualifying marks for Paper III amounts to changing rules after the selection has started

Ratio Decidendi

The JPSC was justified in fixing minimum qualifying marks for Paper III at a later stage by the moderation committee; this did not amount to changing the rules of the game after the process had started as no minimum was specified for Paper III in the advertisement.

Court Disposition

Appeal allowed, High Court judgment set aside, respondent's appeal dismissed.

Orders

  • Judgment of the High Court dated 09.11.2016 set aside.
  • Civil Appeal No. 9441 of 2019 allowed.