JUDGMENT

Dr. AR. Lakshmanan, J.-This appeal was filed by the Bihar Public Service Commission (hereinafter referred to as "the Commission") against the judgment and order dated 5.12.1994 of the High Court of Judicature at Patna passed in Letters Patent Appeal No. 147 of 1988 whereby a Division Bench allowed the said appeal of respondent No. 1/writ petitioner (Vinoy Kumar Singh) and consequently set aside the judgment and order dated 28.8.1988 of the learned Single Judge of the High Court dismissing the writ petition filed by the writ petitioner and came to the conclusion that the authorities of the Commission are not authorized to take any steps after publication of the result of the examination. The Court held that it is not open to the Authorities of the Commission to issue a show-cause notice and to take any action after the conclusion of the examination unless there is any specific rule permitting the Authorities to do so. The Bench also held that no action can be taken against the candidate for committing unfair means committed by him in the course of the examination. Thus the High Court came to the conclusion that in the absence of any rules or executive instructions, the entir