Ashutosh Shahi vs Jharkhand Public Service Commission and Another

In this Public Interest Litigation, petitioner seeks a writ of certiorari to quash the Notification No. 06/2013 to the extent of fixing the "cut off date" as 1.8.2009 in the advertisement while granting the compensatory chances for those, who have appeared in 1st and 2nd Civil Services Examination, which according to the petitioner, could not have been issued. Petitioner seeks further direction upon the respondents to provide two chances as compensatory chances to those candidates, who had suffered the alleged irregularity. We have heard Mr. Rajeev Kumar, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Piprawall, learned counsel appearing on behalf of the Jharkhand Public Service Commission.

Admittedly, the petitioner himself has faced the 1st and 2nd Civil Service Examination and the petitioner has also produced the admit cards vide Annexure-2 and 2/A. The grievance of the petitioner is that he could not qualify in the earlier attempts because of the irregularity alleged to have taken place in the Civil Services Examination conducted by the J.P.S.C. Further grievance of the petitioner is that because of the fixing of cut off date as 1.8.2009 and in view of the limited chances available to the candidates to appear in the J.P.S.C. Civil Service Examination, petitioner has been deprived from appearing for examination for another time.

The grievance of the petitioner appears to be more personal rather than espousing the cause of the Public and the instant Public Interest Litigation can not be entertained. If other persons are affected like the petitioner, it is for those concerned individual candidates, who could not qualify in the 1st and 2nd J.P.S.C. Civil Services Examination because of the alleged irregularity, to approach the Court or concerned authorities. Likewise the petitioner is also to approach only the concerned authorities or seeking remedy in the Court in his individual capacity. Accordingly, the instant Public Interest Litigation is disposed of giving liberty to the petitioner to approach the concerned authorities ventilating his grievances or to file a writ petition in his individual capacity, if he so advised.