Patna High Court - Orders
Amitabha Ahmad vs The State Of Bihar on 26 July, 2019
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14881 of 2019
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Amitabha Ahmad
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anant Kumar Pandey, Advocate
For the State : Mr. Sheo Shankar Prasad (SC-8)
For the BPSSC : Mr. Sanjay Pandey, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 26-07-2019A short prayer has been made in the present writ petition seeking a direction to the respondent Commission to provide him the cut-off marks for the candidates who have been called for the physical test for being considered for being appointed as Assistant Sub- Inspector (Stenographer) Bihar Police against the advertisement No. 1/2018.
It has been submitted on behalf of the petitioner that he passed the preliminary examination and also was sanguine that he has performed very well in the mains examination. The result which was published of the mains examination does not contain the Patna High Court CWJC No.14881 of 2019(2) dt.26-07-2019 2/4 name of the petitioner. The petitioner thus and logically wanted to know the cut-off marks but was told by the Commission that under the rules, the cut-off marks shall only be provided after the entire selection process is completed.
The learned advocate for the petitioner has further submitted that such information about the inability of the Commission to provide the cut-off marks before the final selection list is published, was provided to him under the RTI by the P.I.O of the Commission but the petitioner is not satisfied with such an answer.
Though the petitioner has not preferred any appeal against such unsatisfactory answer of the Commission but has approached this Court on principle that before the selection process is completed, a candidate who has failed, has a right to to know that persons who have obtained lesser marks than him have not been called for physical test like him. This is the stage where the petitioner could have raised a grievance Patna High Court CWJC No.14881 of 2019(2) dt.26-07-2019 3/4 and would have known that only such persons have been called for physical test who have obtained more marks than him.
Mr. Sanjay Pandey, learned advocate for the Commission however has submitted that the it has never been the practice of the Commission to disclose the cut- off marks for the mains examination before the final selection. He further submits that even the UPSC which conducts several examinations does not publish such cut-off marks of the mains examination till the final list is published. The logic and rationale for the aforesaid is that for final selection, six times more candidates are called for physical test or for interview depending upon the nature of appointment and declaring the cut-off marks of mains examination would divulge the basic information which otherwise would create difficulties for the Commission to maintain secrecy with respect to the appointment process.
Prima facie, the logic does not appeal to this Patna High Court CWJC No.14881 of 2019(2) dt.26-07-2019 4/4 Court, nonetheless, on the assertion made by Mr. Pandey, learned advocate for the Commission that such policy is pursuant to the rules and terms of the advertisement, this Court grants him time to him to file an affidavit in this regard annexing such rules and giving reasons for non-disclosure of the cut-off marks of the mains examination before the final selection list is prepared.
Re-notify on 16th of August, 2019, retaining its position.
(Ashutosh Kumar, J) Shageer/-
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