Patna High Court
Manjeet Kumar Singh & Ors vs The State Of Bihar & Ors on 5 May, 2016
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19328 of 2015
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1. Ashutosh Kumar Jha Son of Late Babu Narayan Jha resident of At + P.O.
Dwalakh, P.S. Bheja, District - Madhubani ( Bihar ), Pin 847408
2. Dhiraj Kumar Son of Shailendra Jha resident of At + P.O. Sukhsena, P.S. B.
Kothi, District Purnea ( Bihar ), Pin - 854203
3. Kanhaiya Jee Pathak Son of Rameshwar Pathak resident of village - Barwan,
P.O. Asaon, P.S. Ander, District - Siwan ( Bihar ), Pin 841287
4. Dileep Kumar Son of Ramprabhav Sharma resident of At + P.O. Charh, P.S.
Makhadumpur, District - Jehanabad ( Bihar ) Pin 804427
5. Sanjay Kumar Singh Son of Umesh Singh resident of village - Korai, P.S.
Gadhpur, District - Begusarai
6. Ajay Kumar Choudhary Son of Ram Vakil Choudhary resident of village -
Sherpur, P.S. Vidyapati Nagar, District - Samastipur, Bihar
.... .... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna
2. The Chairman, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg,
Bailey Road, Patna
3. The Bihar Public Service Commission through its Secretary, 15, Jawahar Lal
Nehru Marg, Bailey Road, Patna
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 19235 of 2015
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1. Md. Nasir Son of Late Abul Hassan Resident of Vill. - Tal Sehan, P.O. Khaje
Chand Chapra, Via - Baghi, P.S. Goroul ( O.P. Kathara ), Distt. - Vaishali, Pin -
844112
2. Bipin Kumar Son of Binod Kumar Resident of vill. - Jamheta, P.O. Fatehpur,
P.S. Fatehpur, Distt. - Gaya, State Bihar, Pin - 824232
3. Sandhya Kumari Daughter of Vijay Pratap Singh Resident of House Name -
Shivam, Top Floor, Behind of N.S.C.L., P.O. B.V. College, P.S. Shastri Nagar,
Bailey Road, Patna 800014, Bihar
4. Rahul Deo Barman Son of Birbal Chaudhary Resident of vill. + P.O. Ganj
Bharasara, P.S. Dinara, Distt. - Rohtas 802218, Bihar
5. Ravi Ranjan Son of Balmiki Ram Resident of Vill. + P.O. Kuhila, P.S.
Akbarpur, Distt. - Nawada 805126, Bihar
6. Ranjan Kumar Son of Naresh Paswan Resident of Vill. + P.O. Dhurgaon, P.S.
Akangar Sarai, Distt. - Nalanda ( Bihar ), Pin 801301
7. Md. Gulrej Ekbal Son of Gausur Rahman Resident of Purani Bazar, Ward No.
2, Near New Masjid, P.S. Shikarpur, Narkatiaganj, West Champaran - 845455
8. Surendra Ram Son of Chandrika Ram Resident of vill. - Paraspami, P.O.
Parsauni, Via - Sitamarhi Bazar, P.S. Dumra, Distt. - Sitamarhi 843301
9. Sunil Kumar Gupta Son of Ramnath Prasad Resident of Brahamasthan, Purani
Bazar, Distt. - Sitamarhi, Pin - 843302
10. Gourav Kumar Son of Amrendra Narayan Resident of vill. - Imadpur, P.O.
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
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Bouri Beldari, P.S. Hulasgunj, Distt. - Jehanabad, Pin 804407
11. Anjani KUmar Son of Late Sheo Kumar Prasad Resident of Moh. - Karamali
CHak, Patna City, P.S. Begampur, Patna City, Near Soyabin Factory, Distt. - Patna,
P.S. Bye Pass, Pin 800009
12. Santa KUmar Son of Sakaldeo Sharma Resident of vill. - Mahuar, P.O.
Munjahar, P.S. Haspura, Distt. - Aurangabad, Pin - 824114
13. Kripa Shanker Prasad Son of Dinanath Prasad Resident of LL - Piperpanti,
P.O. Shiwrajpur, P.S. Yogapati, Distt. - West Champaran, Pin - 845452
14. Shikha Rani Wife of Mithun Ghosh Resident of C/o Subhash Ghosh, Near
Laxmi Market, Maa Tara Sweets, New Jakkanpur, P.S. Gardanibagh, Post G.P.O.,
Patna 800001
15. Meera Kumari Daughter of Rupnarayan Mandal Resident of vill. - Baraichak
Patam, P.O. Patam, P.S. Nayaram Nagar, Distt. - Munger ( Bihar ), Pin 811214
16. Nikhat Fatma Daughter of Md. Jafer Imam Resident of C/o Raza Hussain
Fatmi, Vill. - Sabalpur, Via - Begumpur, P.S. Didarganj, Patna 800009
17. Abhay Kumar Son of Subodh Prasad Mandal Resident of At Chhoti Daulatpur,
P.S. + Post Jamalpur, Distt. - Munger
18. Durgesh Chandra Jha Son of Sudhir Chandra Jha Resident of Village -
Dumaria, P.O. Motia - Dumaria, Distt. - Gooda, State - Jharkhand, Pin - 814133
19. Bibhuti Anand Jha Son of Bishwanath Jha Resident of Village + P.S. + P.O.
Bahera, Distt. - Darbhanga ( Bihar ), Pin - 801503
20. Mukul Son of Dinesh Kumar Mishra Resident of At Madhopur, P.O.
Basudeopur, Distt. - Munger, State - Bihar, Pin - 811202
21. Kanhaiya Jee Pathak Son of Rameshwar Pathak Resident of vill. - Barwan,
P.O. Asaon, Distt. - Siwan, State - Bihar, Pin 841287
22. Dhananjay Kumar Jha Son of Shiv CHandra Jha Resident of At + P.O.
Dhankaul, Via - Parsauni, Distt. - Sheohar, Bihar - 843325
23. Vikash Kumar Son of Krishna Kumar Resident of C/o Halkhori Singh, East
Ashok Nagar, Road No. 13, Last House Number - 14/62, Kankarbagh, Patna
800020
24. Kumari Khushboo Daughter of Dhanjit Singh Resident of village -
Madhubani, Post - Pahunsi, P.S. Kursakanta, District - Araria, Pin - 854332
25. Anand Kumar Singh Son of Chandra Deep Singh Resident of Subhash Nagar,
Ashok Mahal, Gali No. 9, P.O. Dalmiya Nagar, District - Rohtas, Bihar 821305,
P.S. Dehri - On - Sone, Bihar - 821305
26. Rajiv Kumar Son of Lakhan Lal Agrawal Resident of Rental Flat No. 217, P.S.
Kankarbagh, District - Patna 800020
27. Ramakbal Ram Son of Loku Ram Resident of Block - B, Qtr. No. 02,
Telephone Exchange, Anishabad, Patna 800002
28. Rakesh Kumar Singh Son of Bhartendu Kamlesh Kumar Singh Resident of
Bajrangpath, Bajrangpuri, P.O. Gulzarbagh, P.S. Alamganj, Patna City, Bihar, Pin
800007
29. Md. Meraj Danapuri Son of Md. Seraj Danapuri Resident of Imlital, Danapur
Canti, Patna 801503, Bihar
30. Deep Narayan Ram Son of Shyam Sunder Paswan Resident of vill. + P.O.
Piprahi, Via - Ladania, Distt. - Madhubani ( BIhar ) Pin - 847232
31. Rajesh Kumar Pal Son of Parshuram Pal Resident of Sector - 8H, Plot No. 15,
B.H. Colony, P.S. Agamkuan, Patna - 800026
32. Mahesh Kumar Son of Deo Narayan Pandit Resident of C/o Sahdeo Prasad,
Shiv Colony ( Raja Bazar ), P.O. B.V. College, P.S. Shastri Nagar, Patna 800014
33. Shantnu Kumar Son of Jagdeo Mandal Resident of At - Hardimoh, P.O.
Pradhan Chak, P.S. Khaira, Distt. - Jamui - 811317, State - Bihar
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
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34. Ranjit Kumar Son of Arjun Prasad Mandal Resident of At - Hardi Moh, P.O.
Padhan Chan, P.S. Khaira, Distt. - Jamui 811317, Distt. - Bihar
35. Shashim Saurabh Son of Y. N. Das Resident of A - 33, Magistrate Colony,
Patna 800025
36. Shashi Kant Kumar Son of Shivdhar Prasad Resident C/o Chandrika Prasad,
New Yarpur, Janta Road, South of Devi Asthan, Patna ( Bihar ) 800001
37. Ramakant Pradeep Son of Deonandan Sharma Resident of At - Vachaspati
Nagar, P.O. Mahendru, P.S. Bahadurpur, Patna - 800006
38. Sushil Kumar Son of Satish Chandra Prasad Resident of Near I.O.C. Main
Gate, Sipara, P.O. Dhelwan, P.S. Beur, Patna 800020
39. Ramadhar Kumar Son of Laxman Rai Resident of C/o Late Lakshman Raj, At
- Tendua, P.O. Musehari ( Khairah ), Distt. - Saran, Pin - 841414
40. Sandeep Kumar Chandravanshi Son of Mahesh Prasad Chandravanshi
Resident of At - Rampur, P.O. Alipur, P.S. Buniyadganj, Distt. - Gaya ( Bihar ), Pin
823003
41. Pankaj Kumar Gupta Son of Ramakant Prasad Gupta Resident of at Post -
Sondiha Via Mahaddipur, P.S. Pasraha, District - Khagaria
42. Anuj Kumar Son of Uday Shankar Singh Resident of Post Barahiya, P.S.
Barahiya, Distt. - Lakhisarai, Pin - 811302
43. Ashok Kumar Son of Ram Ekbal Yadav Resident of H.No. 31/11, C.P. Thakur
Path, Hanuman Nagar, New Punaichak, P.O. Shastri Nagar, P.S. Shastri Nagar,
Patna 800023
44. Bishaylal Pandit Son of Banshidhar Pandit Resident of Vill. - Barkhi Singi,
P.O. Ara Town, Distt. - Bhojpur 802301
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2. Bihar Public Service Commission through its Chairman
3. Principal Secretary, General Administrative Department, Govt. of Bihar, Patna
4. Chairman, Bihar Public Service Commission, Patna
5. Secretary, Bihar Public Service Commission, Patna
6. Examination Controller, Chairman, Bihar Public Service Commission, Patna
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 67 of 2016
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1. Manjeet Kumar Singh Son of Mohan Singh Resident of Village- Bindwara,
(Katghar tola), P.s Kasim Bazar, District Munger , Pin-811201
2. Ritika Kumari Daughter of Salendra Singh Resident of Village- Bindwara,
(Katghar tola), P.s Kasim Bazar, District Munger , Pin-811201.
3. Dharmendra Kumar Son of Bhawgwan singh Resident of West Thahara, Po +P.s
-Maker, District Saran, Pin-841215
4. Keshri Nandan Kumar son of Manoranjan Prasad Resident of Machhalodiha,
District Nalanda, Pin 803011
5. Shamsheer Alam son of M. Ayub Resident of Pupuri bazar, Janakpur Raod, P.s
Pupri, District Sitamarhi, Pin- 843320
6. Prashant Raj son of Surendra Prasad Singh Resident of C/51, Police Station
Colony, Gandhi Vihar, Anisabad, Patna.
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
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7. Dhiraj Kumar Son of Satyendra Prasad Singh Resident of Gangachak, P.s
Masaurhi, District Patna-Pin-804452
8. Radha Krishna Raman son of Vakil Narayan Resident of Sant Niwas,
Kamalnagar Colony, Po Mirjanhat, P.s Mojahidpur, District Bhagalpur , Pin-
812005
9. Prashant Kumar Son of Govind Jha Resident of Village +Po +P.s - Andhrathadhi,
thadhi, Uttartola, District Madhubani, Pin-847401
10. Sanjay Kumar Gupta Son of Naresh Kumar Gupta Resident of Gandhi chowk,
Main Road Rajpur, District -Balrampur, Chhatisgrah, Pin-497118
11. Kunal Kumar Kanaujia son of Ishwar Chandra Resident of Village-Hasanpur
Surat, Po +P.s -Patori, District Samastipur, Pin-848504
12. Md. Jubair Alam Son of Md. Badruddin Resident of Kala Balua, P.s -Raniganj,
District Araria, Pin-854201
13. Manish Kumar Jha Son of Janardan Jha Resident of Village+Po- Patania, Via
Biroul, P.s Biroul, District Darbhanga, Pin-847203
14. Aryaman son of Pradeep kumar Shrivastava Resident of chouki No. 2, G.T.
Road, Sasaram ,District Rohtas, Pin-821115
15. Md. Saddam Ali Son of Md. Ali Resident of Mohalla- Banoulia, :Po- Bihar
Sharif, District Nalanda , Pin-803101
16. Upendra kumar son of Ghanshyan Prasad Resident of Mela Ground, ward no.
2, Chanpatia, District West Champaran , pin-845449
17. Amit Prasad son of shiva Ji Prasad Resident of West Patel Nagar , Near Dr. B.
Bhattacharya,, H.No. A-4 Snehi, Path, Ps. Shashtri Nagar, District Patna.
18. Ravikant Kumar Son of Dipnarayan Singh Resident of Mewabigha, P.s
Daudnagar, District Aurangabad.
19. Vikash kumar son of Umesh Prasad Resident of Village- Karariyia, P.s
Masaurhi, District Patna.
20. Chandan Kumar Paswan son of Gore Lal Paswan Resident of Village- Baker
Dah, P.s Darauli, District Gopalganj.
21. Anil Kapoor son of Amulya Ravidas Resident of Village- Badaura, P.s
Chandi,District Nalanda.
22. Geeta kumari Wife of Arvind kumar Resident of Village- Konch, P.s
Guraru,District Gaya,.
23. Manoj kumar Singh son of Shree Anirudh Prasad Resident of Village-
Gangasagatte, P.s Khairah, District Saran.
24. Ravi Ranjan Kumar son of Rajendra Choudhary Resident of Village- Ajal
Bigha, P.s Belaganj, District Gaya.
25. Md.Aftab Alam Son of Md. Tauwab Alam Resident of Village Bara, Ps.
Chandoti, District Gaya.
26. Surya Mani Kumar Son of Bhuneshwar Prasad Resident of Sachidanand colony,
Kurthol Bazar, Ps. Parsa, District Patna.
27. Shaikh Shahid Reza Son of Shahid Reza New Girls Hostel ,D Block, jamia
Hamdard, Room No. 505, P.s Sangam ,Vihar, New Delhi.
28. Niraj Kumar son of Ramashary Choudhary Resident of Semwar House, C-407
Steet No. 17, Bhajapura Delhi.
29. Kundan Kumar Son of Bhuneshwar Prasad Resident of Village- Bhaluan, Po
Sadaveh, P.s Dulhin bazar, District Patna
30. Kunal Kishore Son of Bhuneshwar Prasad Resident of Village- Bhaluan, Po
Sadaveh, P.s Dulhin bazar, District Patna
31. Shriniwash Kumar son of Ramchandar Prasad Village +Po. - Sakhamohan Via
Narhan P.s Bibhutipur, District Samastipur.
32. Rakhi Kumari Wife of Ajay kumar Resident of Village Basanbigha, P.s Karpi,
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
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Po Ushari, District Arwal.
33. Avinash Kumar Manjhi son of Ramsurat Manjhi Resident of Village- Ratan
sarai, Po +P.s Barauli, District Gopalganj.
34. Dhirendra kumar Son of Satyanarayan yadav Resident of Pipra bazar, Po- Pakri,
District Supaul.
35. Shrawan Kumar son of Aman..... Resident of Choti Nagla, Adarsh Colonyn E,
P.s malsalami District Patna.
36. Rakesh kumar Singh Son of late Laxmi Narayan Singh Resident of Village+ Po
-Meral , p.s Meral, Districgt Garhwa (Jharkhand)
37. Bhim Das Son of Dhikari Das Resident of Tatma Toli, Near Krishna Mandir ,
Po Bhatta Bazar, District Purnea Pin-854301
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna.
2. Bihar Public Service Commission through its Chairman
3. Principal Secretary, General Administration Department, Govt. of Bihar, Patna.
4. Chairman, Bihar public Service Commission, Patna.
5. Secretary, Bihar public Service Commission, Patna.
6. Examination Controller, Chairman, Bihar public Service Commission, Patna.
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 1353 of 2016
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1. Aryan Bharti S/o Sri Shashi Nath Mishra resident of At+P.O.- Bathnaha, P.S.-
Jogbani, Distt- Araria.
2. Vishnudeo PAndey S/o Sri Kamlesh Pandey R/o Vishwanathpuri, P.O.+P.S.-
Delha Bus Stand, Distt- Gaya.
3. Pankaj Kumar Sharma S/o Sri Parmeshwar Sharma, resident of Quarter no- F-
971/6, Sahoo Enclave, Airforce Station, Jodhpur, Rajasthan.
4. Md. Faizul Islam S/o Md. Shahabuddin R/o At+P.O.+P.S.- Borio, Distt-
Shahenganj, Jharkhand.
5. Kumar Gaurav S/o Sri Anil Kumar Singh, R/o C/o Munna Singh, Naka No. 5
Craze Dolby Cinema, P.O.- Lalbagh, P.S.- Town Thana, Dist- Darbhanga, Bihar.
6. Mukesh Kumar @ Mukesh S/o Sri Greesh Chandra Tiwari, R/o 11/223, Awash
Vikash Colony, Jhushi, Allahabad, Uttar Pradesh.
7. Hemant Kumar Jha S/o Sri Baidyanath Jha, R/o Vill+P.O.- Kaithahi via
Rampatti, P.S.- Rajnagar, Distt- Madhubani.
8. Utsav Ranjan Kumar S/o Sri Birendra Kumar Thakur R/o Jaiprakash Nagar,
H.P.O.+P.S- Bettiah, distt- West Champaran.
9. Ranjit Kumar S/o Sri Vijay Prasad, R/o Vill- Itwan, P.O.- Ramshahganj, P.S.-
Ramshahganj, Distt- Gaya.
10. Birendra Kumar Jha S/o Sri Navkant Jha R/o Shastrinagar, Ward No. 16,
At+P.O.+P.S.+Dist- Araria.
11. Dhananjay Kumar Mishra S/o Sri Amarnath Mishra R/o At+P.O.- Daldal, P.S.-
Madhepur, Dist- Madhubani.
12. Satyanand S/o Sri Ramkrishna Shivanand R/o C/o S.N. Sharma, Krishna Murti
Sadan, West Boring Canal Road, Patna-1.
13. Ram Kumar @ Ram Kumar Sahni S/o Basudeo Sahni R/o Vill+P.O.- Hasanpur
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
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Bagar, P.S.- Navkothi, Dist- Begusarai.
14. Manoj Kumar S/o Sri Jagat Ram R/o C-165, INA Colony, New Delhi.
15. Mithilesh Kumar Sinha S/o Sri Satrughana Sinha R/o Vill- P.O.- Rasauli, P.S.-
Panapur, Dist- Chapra.
16. Akhilesh Kumar S/o Sri Upendra Prasad R/o Vill+P.O.+P.S.- Sohsarai, Dist-
Nalanda.
17. Raman Kumar S/o Sri Ramdev Prasad Yadav R/o Jaihind Bhawan, Vinodpur,
P.O.+P.S.+Dist- Katihar.
18. Saurav Kumar S/o Sri Umesh Prasad Singh R/o Behind Bajaj Showroom, Naya
Tola, Mirchaiwari, P.O.+P.S.+Dist- Katihar.
19. Rajesh Kumar S/o Late Sahdeo Singh Yadav R/o Vill- Kurha, P.O.+P.S.-
Sahebpur Kamal, Dist- Begusarai.
20. Md. Shakeel S/o Md. Ayub R/o Vill- Rautari, P.O.+P.S.- Vijaypur, Dist-
Gopalganj.
21. Brajmohan Jha S/o Sri Upendra Jha, R/o Vill- Machhaita, P.O.- Kurson
Nadiyami, P.S.- Sakatpur, Dist- Darbhanga.
22. Santosh Kumar S/o Late Amar Singh R/o Vill+P.O.- Marar, Dist- Khagaria.
23. Md. Mazhar Quasim S/o Md. Quasim R/o At+P.O.- Chainpur, P.S.- Mahalgaon,
Dist- Araria.
24. Anil Kumar S/o Narendra Yadav R/o Vill Bhelahi, P.O.- Rasalpur via Nouhatta,
Dist- Saharsa.
25. Pankaj Kumar S/o Teknarayan Choudhary R/o Vill+P.O.+P.S.- Maskaur, Dist-
Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Patna.
2. Bihar Public Service Commission through its Chairman having office at 15
Jawaharlal Nehru Marg, Bailey Road, Patna-1.
3. The Principal Secretary to the Government of Bihar in the Department of
General Administration, Patna.
4. The Chairman, Bihar Public Service Commission, 15 Jawaharlal Nehru Marg,
Bailey Road, Patna-1.
5. The Secretary, Bihar Public Service Commission, 15 Jawaharlal Nehru Marg,
Bailey Road, Patna-1.
6. The Examination Controller Chairman, Bihar Public Service Commission, 15
Jawaharlal Nehru Marg, Bailey Road, Patna-1.
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 1717 of 2016
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1. Abhilasha Abhinav D/o Bhola Nath Sarkar residence of Mohalla - Rajiv Nagar
Vidya Niketan, P.O. Keshri Nagar, P.S. Rajiv Nagar, District - Patna
.... .... Petitioner/s
Versus
1. Bihar Public Service Commission through its Chairman, 15, Jawahar Lal Nehru
Marg, Patna
2. The Secretary, Bihar Public Service Commission Baily Road, Patna
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
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3. The Examination Controller - Cum - Joint Secretary, B.P.S.C., 15, Jawahar Lal
Nehru Marg, Patna
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 4170 of 2016
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1. Ratan Kumar Mandal S/o Late Chhedi Prasad Mandal, resident of Village-
Harichak, P.S.- Antichak, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna.
3. The Bihar Public Service Commission through its Chairman, 15 Jawahar Lal
Nehru Marg, Bailey Road, Patna.
4. The Secretary, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg,
Bailey Road, Patna.
5. The Joint Secretary cum Examination Controller, Bihar Public Service
Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna.
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 1044 of 2016
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1. Rahul Diwan Son of late Chaturbhuj Sahay Resident of Village- Manjhwari, Po
- Manjhwari, P.s Simri, District Buxar.
.... .... Petitioner/s
Versus
1. Bihar Public Service Commissioner through its Chairman, 15, Jawahar Nehru
Marg, Patna.
2. The Secretary, Bihar Public Service Commission Bailey Road, Patna.
3. The Examination Controller, B.P.S.C. Bailey Road, Patna.
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 926 of 2016
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1. Anuj Kumar S/o Late Sahdeo Ram Resident of Mohalla - Delha Dularganj, P.O.
Gaya R.S., P.S. Delha, District - Gaya ( Bihar ) at Present R/o C/o Maharaja
Prithvee Raj Mour Bhawan, Chandpur Bela, Dopulwa, P.S. Jakkanpur, P.O. G.P.O.,
District - Patna ( Bihar )
.... .... Petitioner/s
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
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Versus
1. The State of Bihar through the Principal Secretary Home, Government of Bihar,
Patna
2. The Bihar Public Service Commission, Bailey Road, Patna through the Chairman
3. The Joint Secretary cum Examination Controller, Bihar Public Service
Commission, Bailey Road, Patna
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 3542 of 2016
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1. Mani Bhushan Kumar Son of Savindra Prasad Singh Resident of village +Po-
Aunta P.s Hathidah, District Patna Pin- 803303.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar
2. The Bihar Public Service Commission Patna Through The Chairman.
3. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna.
4. The Chairman, Bihar Public Service Commission, Patna.
5. The Secretary, Bihar Public Service Commission, Patna
6. The Controller of Examination, Bihar Public Service Commission, Patna.
.... .... Respondent/s
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With
Civil Writ Jurisdiction Case No.2042 of 2016
1. Rajeev Gautam, son of Satyendra Sinha, Resident at C/o Ramashish Mehta
Lodge, R. No. 6, Math Luxmanpur, Koiri Tola, P.S. Alamganj, P.O. Gulzarbagh,
District- Patna- 800007.
2. Manoranjan Kumar, Son of Ram Kishore Prasad, Resident at + P.O. Paingree,
P.S. Warisaliganj, District- Nawada (Bihar) 805130.
3. Kripashankar Prasad, Son of Madhukaran Prasad, Resident of Mohalla-
Udrachamapur, P.O. Patna city, P.S. Mehdiganj, District- Patna (Bihar) 800008.
4. Shahbaz Alam, Son of Md. Newasuddin, Resident of Village and P.O. Ramur,
P.S. Forbesganj, District- Araria (Bihar), 854318.
5. Rajesh Chandra Son of Sri Ramesh Chandra, Resident of Flat No. 302, Amba
Residency, East Boring Canal Road, P.S. Buddha Colony, District- Patna (Bihar)
800001.
6. Bipin Kumar Jha Son of Brajeshwar Jha, Resident of Village + P.O. Jogiyara,
Via- Anandpur, P.S. Bahadurpur, District- Darbhanga (Bihar)
7. Prashant Kumar Jha, Son of Om Prakash Jha, Resident at Nebi Sahu's Building,
P.S. Nagar (Begusarai), Patel Chowk, District- Begusarai (Bihar) 851101.
8. Raj Kumar Paswan, Son of Raghunandan Paswan, Resident of Village-
Baruyarpur, P.O. Gaispur Bariyarpur, P.S. Rajapakar, District- Vaishali (Bihar).
9. Gulshan Kumar, Son of Dhananjay Kumar, Resident at Gulshan Sadan, Patel
Road, Vill Adarsh Nagar, Via+P.S. Sultanganj, District- Bhagalpur (Bihar)
813213.
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
9/17
10. Anupam Anand Son of Vijay Kumar Singh, Resident of Village + P.O.
Andaur, Via + P.S. Mohiuddin Nagar, District- Samastipur (Bihar) 848502.
11. Kumud Ranjan, Son of Sri Ram Pravesh Prasad, Resident of Village + P.O.-
Bandeya, P.S. Makhdumpur, District- Jehanabad (Bihar) 804422.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Bihar Public Service Commission through its Chairman.
3. The Principal Secretary, General Administrative Department, Govt. of Bihar
Patna.
4. The Chairman, Bihar Public Service Commission, Patna
5. The Secretary, Bihar Public Service Commission, Patna.
6. The Examination Controller, Bihar Public Service Commission, Patna.
.... .... Respondent/s
======================================================
Appearance :
(In CWJC No.19328 of 2015)
For the Petitioner/s : Mr. Kumar Kaushik
For BPSC (in all cases) : Mr Lalit Kishore, Sr. Advocate
Mr Satyavir Bharti
For the State : Mr. GP5- Rajiv Roy
(In CWJC No.19235 of 2015)
For the Petitioner/s : Mr. Amit Prakash
For BPSC : Mr Lalit Kishore, Sr. Advocate
Mr Sanjay Pandey
For the State : Mr. KUMAR ALOK- SC8
(In CWJC No.67 of 2016)
For the Petitioner/s : Mr. Amit Prakash
For the State : Mr. GP12-Madhuresh Prasad
(In CWJC No.1353 of 2016)
For the Petitioner/s : Mr. Mr A.B.Ojha, Sr. Advocate
Mr Nitesh Kumar
For the Respondent/s : Mr. N.H. Khan- SC18
(In CWJC No.1717 of 2016)
For the Petitioner/s : Mr. Sangiv Kumar
For the Respondent/s : Mr. Sanjay Pandey
(In CWJC No.4170 of 2016)
For the Petitioner/s : Mr. Tarun Prasad Mandal
Mr Mukesh Kumar Jha
For the Respondent/s : Mr. SC12- Prabhat Kumar Singh
Mr Tipuddin Khan, AC to SC 12
For BPSC : Mr Rajni Kant Jha
(In CWJC No.1044 of 2016)
For the Petitioner/s : Mr. Sanjiv Kumar
For the Respondent/s : Mr. Sanjay Pandey
(In CWJC No.926 of 2016)
For the Petitioner/s : Mr. Shanti Kumar
Mr Kishori Ram
Mr Dhananjay Kumar Tiwary
For the Respondent/s : GP28- Smt. Geeta Kumari
(In CWJC No.3542 of 2016)
For the Petitioner/s : Mr. Lakshmi Kant Tiwary
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
10/17
For the Respondent/s : Mr. Anshuman Singh- GP24
(In CWJC No.2042 of 2016)
For the Petitioners : Mr Kamala Prasad Roy
Mr Satya Ranjan Sinha
For the State : Mr Prasoon Sinha, GA 2
For the BPSC : Mr Satyabir Bharti
===========================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
CAV JUDGMENT
Date: 5 -05-2016
A bunch of writ applications have been filed by various
petitioners, who have failed to qualify in Preliminary Test of 56th to
59th Combined Competitive Civil Services Examination, which was
conducted by Bihar Public Service Commission (hereinafter to be
referred to as 'BPSC'). They want quashing of the results, if not
award of some more marks after re- evaluation, primarily on the
ground that some of the model questions and answers continue to be
wrong.
2. A broad consensus amongst the petitioners has emerged
and the questions, which have been targeted, are Questions No.63, 79,
98, 124, 137 and 144.
3. In CWJC No.19225 of 2015 as well as 67 of 2016, the
questions, which have been targeted, are Question No.52, 53, 80, 116
and 119.
4. The uncontroverted facts are that a Preliminary
Examination was held of the eligible candidates to enable them to
participate in the Mains Examination of what is known as 56th to 59th
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
11/17
Combined Competitive Civil Services Examination. After evaluation,
BPSC published the results on 21.11.2015 wherein 28308 candidates
were declared successful and became eligible to participate in the
Mains Examination.
5. As per the publication of the results by BPSC, the cut-off
marks for General Category was fixed at 87, for SC 72, for ST 70, for
EBC 76, for BC 82 and for the Backward Class Ladies and Disabled
category the cut-off was fixed at 73.
6. Some of these petitioners have failed to make the cut by
as little as one mark, therefore, besides other contention the thrust of
the argument is to establish that despite the deliberation done by the
experts, on the objections received from the candidates, mistakes still
subsist.
7. After the conduct of the examination, BPSC invited
objections from the candidates after publishing the model questions
and answers on its website. There were almost 2,50,000 candidates,
who appeared in the Preliminary Examination but only 581 objections
were received by the BPSC on the model questions and answers.
These objections were collated and expert committee was constituted
by BPSC to deliberate and come forward with their response with
regard to objectivity and validity of the objections.
8. 12 experts were invited from diverse fields to give their
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
12/17
opinion on the model questions and answers in light of the objections.
The experts opinion has been annexed as Annexure- D to the counter
affidavit filed on behalf of BPSC. The details of the opinion of the
experts are evident from perusal of Annexure- D. They recommended
that because of the errors in the questions or the options, 11 questions
were required to be deleted, meaning thereby that the final evaluation
and declaration of result was made on only 139 questions out of 150,
which was originally set for the said examination.
9. Counsels representing the petitioners made a valiant
effort by relying on one kind of material or the other to show that the
experts were wrong in ordering deletion of 11 questions or at least
some of the 11 questions because there was no infirmity either in the
model questions or answers. In addition to that, they also tried to
prove before this Court that even in the left over 139 questions, with
special focus on some of the questions, which have been noted in the
earlier part of the order, the answers continue to be wrong. Therefore,
there was no fair evaluation and since a fair and objective assessment
should be the underlying objectivity in any of such examination, the
results so declared by BPSC, on the methodology adopted, requires to
be interfered with. Some of the petitioners counsel also wanted this
Court to declare some of the questions and answers to be correct so
that at least those candidates, who have lost out very narrowly by may
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
13/17
be one mark, get a chance to participate in the Mains and prove their
merit and mettle in the exercise for selection.
10. Learned senior counsel representing BPSC contests the
position taken by the counsel representing the petitioners on the
ground that only with the object of bringing objectivity in assessment
and declaration of results of such competitive examination, BPSC
started inviting objections by placing the model questions and answers
on the website. Based on the nature of objections, a committee of
experts was constituted. The experts did go through the entire set of
questions and answers keeping in mind the objections received from
the candidates. Based on the opinion expressed by such experts, the
result was declared. It is the contention of the learned senior counsel
that there cannot be a fairer method than what has been adopted by
BPSC. But there are objections and some of these objections have
been raised now after filing of the writ application because it is not
even evident that any of these petitioners had filed any objection when
the objections were invited and a window of opening was given to one
and all.
11. It is also the stand of BPSC that based on the
recommendation of the expert committee, 11 questions and answers,
which were palpably wrong and could not be reconciled, was
recommended to be deleted. BPSC does not sit in appeal over the
Patna High Court CWJC No.19328 of 2015 dt.05-05-2016
14/17
recommendation of such experts and they abide by the opinion of the
experts. Since 11 questions were deleted, the evaluation was done on
the left over questions only. Such deletions cannot be termed to be
arbitrary per se. The evaluation was done across the board on the left
over questions and answers, as if the maximum number of questions
on which the evaluation was required to be done was only 139.
12. Such deletions and evaluations on the left over
questions has found approval earlier by a decision rendered by Patna
High Court in its order dated 19.5.2009 passed in the case of Bihar
Public Service Commission v. Mukesh Kumar Singh, reported in
2009 (3) PLJR 878. The decision of the Division Bench was upheld
even by the Hon'ble Apex Court since SLP was dismissed on
28.8.2009. Same was the fate to similar challenge in respect of result of 53rd to 55th Common Combined Competitive Examination in the Preliminary Test held in the year 2011 and such matter was dismissed by a Division Bench again reiterating the position vide order dated 16.1.2012 in the case of Manoj Kumar v. State of Bihar, 2012 (1) PLJR 579. Yet another judgment which has been pressed into service by BPSC is the case of Ganesh Prasad Yadav v. State of Bihar, reported in 1995 (2) PLJR 170. That was a Division Bench judgment which opined that some mistakes here and there cannot be a ground for cancellation of the examination in toto etc. etc. Patna High Court CWJC No.19328 of 2015 dt.05-05-2016 15/17
13. Giving anxious consideration to the various submissions urged on behalf of the contesting parties to the dispute the basic question which arises for consideration is whether the Court will go by the submissions and objections, which are sought to be raised as an afterthought by certain candidates, who are naturally an interested party or would go by the opinion of the experts, which has formed the basis for evaluation and declaration of results.
14. Every candidate was given an opportunity to raise objections on the matter by inviting objections in an open ended manner. It is the stand of the BPSC that all such objections had been collated. The diverse field of experts numbering 12 reached a consensus with regard to the model questions and answers keeping in mind the objections. The opinion is required to be respected because the 12 experts are/were very senior Professors, come from diverse fields and they bring along their rich experience and knowledge. No objection has been raised with regard to the competence or otherwise of any of the experts or their capability to help and assist the BPSC in forming an opinion against the objections of the candidates.
15. Though it feels nice to hear not as a proposition of law, but a clever piece of advocacy, verging on flattery, that judges are expert of experts but this Court would not venture to substitute its wisdom by sitting in appeal over and above the opinion of the experts. Patna High Court CWJC No.19328 of 2015 dt.05-05-2016 16/17 Some kind of finality is required to be given to the decision so taken unless there is something glaring which emerges in such opinion of the experts.
16. In a competitive examination there are some very close questions, which are also tricky questions, and it is a uniform practice adopted in all such competitive examination. The Court, therefore, will not be unmindful of the fact that there will be different opinions obtained from diverse sources, may be even from a pool of talent, which is available in diverse kind of Coaching Institutes, which too have a vested interest in such racking up of disputes. The Court always comes across issues where two views are expressed and may be possible but there is always one view, which is consensus view and correct view, which is required to be treated as a dominant view. Since in the present writ application, the 12 experts have together applied themselves to the issue and decided to recommend that 11 questions were worthy of deletion and there were no mistakes in the remaining 139, this Court will not allow a re-evaluation of either those deleted questions or the left over 139 questions as to their correctness or otherwise.
17. The Court can very well sympathize with the candidates or some of the petitioners, who have lost out very narrowly but that is nothing unusual in a competitive examination especially when such Patna High Court CWJC No.19328 of 2015 dt.05-05-2016 17/17 examination is an exercise of elimination from a large pool of participants so that the only serious kind are allowed to take the examination, which is the Mains Examination, based on which the final selection and appointments are made.
18. In totality, therefore, the Court would not like to interfere in any of these writ applications by getting into the nitty- gritty of the correctness or otherwise of some of the questions which are sought to be targeted or with regard to any of the deleted questions, on the recommendation of the expert committee.
Writ applications, therefore, are required to be dismissed and are dismissed.
(Ajay Kumar Tripathi, J)
sk
AFR/NAFR AFR
CAV DATE 19.4.2016
Uploading Date 05.5.2016
Transmission
Date