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4. The brief facts of the case are that on 18.06.2010, the BSSC issued an advertisement calling for applications for selection of candidates to 1569 vacancies in Class III posts, in various departments of the Government of Bihar. Examinations were conducted; on 12.04.2012, results of the preliminary examination were declared; this became the subject matter of challenge before the Patna High Court. The High Court, after calling for evaluation of the questions and the results published by experts, directed fresh declaration of results. Resultantly, the fresh declaration of results was made on 29.12.2012. 27,289 candidates qualified in the examination. Meanwhile the number of vacancies increased to 3285 (from the original number of 1569). On 27.10.2013, the main written examination (for selection), as part of the second phase, was held; those who had been declared successful in the preliminary examination were allowed to compete. On 28.01.2013, the model answers to the main examinations were published; the BSSC elicited comments and objections to the model answers.

5. The BSSC constituted a committee of experts to examine the objections; their report suggested changes with respect to 13 questions. The acceptance of the report meant consequential revision of the result. This led to the filing of five writ petitions, before the Patna High Court. The results declared by the BSSC were impugned on diverse grounds, including that the original number of vacancies could not have been increased; that the increase in the number of candidates was arbitrary and that the final results were based on answers to various questions, which were wrong.

6. The single judge, after considering the contentions of the parties on merits, held that the increase in the number of vacancies to be considered for selection and appointment beyond the initially advertised number, was valid and in consonance with the law declared by this court; it was further held that the increase in the number of candidates allowed to compete for the post (i.e. 27,289 instead of the original 16,425 declared successful in the preliminary test) was justified, despite that number exceeding the ratio (of consideration of five candidates for one post) because of the revision in the results. The change in the result as a consequence of the expert committee’s report adversely impacted 915 candidates who had been previously declared successful in the result of the preliminary test declared on 12.04.2012. By an order of the Patna High Court in Manoj Kumar v. State of Bihar & Ors.1, it was held that these candidates should not be disturbed by the change in result. The BSSC, therefore, retained these 915 candidates on the list of successful candidates. Further, the change in answers caused the inclusion of several others who now obtained the same marks as these 915 candidates. This resultant increase in the number of successful candidates from 16,425 to 27,289 was held to be permissible by the single judge.