Case Note & Summary
The Jharkhand Public Service Commission (JPSC) issued an advertisement on 19.07.2006 for the Jharkhand Eligibility Test (JET), a State Level Eligibility Test (SLET) conducted as per UGC guidelines to determine eligibility for lecturer appointments. The test comprised three papers: Paper I (general subject) and Paper II (subject-specific) were multiple choice questions on OMR, while Paper III was descriptive. The advertisement prescribed minimum qualifying marks for Papers I and II (50% for General/OBC, 45% for PH/VH, 40% for SC/ST) but did not specify any minimum marks for Paper III. The writ petitioner, Manoj Kumar Gupta, secured 50% in Papers I and II but failed to achieve the 60% cut-off fixed by the JPSC for Paper III, and was declared unsuccessful. He filed a writ petition in the High Court, which allowed it, holding that the JPSC could not fix qualifying marks for Paper III after the advertisement, as it changed the rules of the game. The JPSC appealed to the Supreme Court. The Supreme Court examined the UGC scheme, which provides for a moderation committee to decide cut-off marks in each subject for declaring results. The Court held that since no minimum marks were prescribed for Paper III in the advertisement, the moderation committee could fix them later based on performance. This was not a change in rules but an additional aspect to determine merit. The Court set aside the High Court's judgment, allowed the JPSC's appeal, and dismissed the writ petitioner's appeal.
Headnote
A) Service Law - Eligibility Test - Cut-off Marks - Moderation Committee - The Jharkhand Public Service Commission issued an advertisement for State Level Eligibility Test (SLET) without prescribing minimum marks for Paper III. The moderation committee later fixed 60% cut-off for Paper III. The Supreme Court held that the moderation committee, constituted under the UGC scheme, is empowered to decide cut-off marks for each subject after the examination, and this does not amount to changing the rules of the game. The High Court's judgment setting aside the cut-off was set aside. (Paras 6-8)
Issue of Consideration
Whether the Jharkhand Public Service Commission could fix minimum qualifying marks for Paper III after the advertisement was issued, and whether this amounted to changing the rules of the game.
Final Decision
Supreme Court allowed the appeal of JPSC (Civil Appeal No. 9441/2019) and dismissed the appeal of the writ petitioner (Civil Appeal No. 9442/2019), setting aside the High Court judgment dated 09.11.2016.
Law Points
- Moderation committee can fix cut-off marks after advertisement
- Rules of game not changed if no minimum marks prescribed initially
- UGC scheme permits moderation committee to decide cut-off marks for each subject
