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2015 Supreme(SC) 968

RANJAN GOGOI, N.V.RAMANA
SUNIL KUMAR – Appellant
Versus
BIHAR PUBLIC SERVICE COMMISSION – Respondent


JUDGMENT :

RANJAN GOGOI, J.

1. Leave granted.

2. Applications for Impleadment/ Intervention are allowed.

3. The refusal of the High Court to interfere with the result of the 53rd to 55th Combined (Mains) Competitive Examinations, 2011 held by the Bihar Public Service Commission (hereinafter referred to as “the Commission”) in May-June, 2012 is the subject matter of challenge in the present appeals.

4. The principal basis on which interference of the High Court was sought is that in finalizing the results of the Examination the Commission had moderated the marks awarded by the examiners who had scrutinized the answer-sheets of the candidates instead of scaling down the said marks which process was required to be undergone in view of the fact that the examinations, so far as the optional papers are concerned, were in different subjects. It is contended that the course adopted was contrary to the earlier order of the High Court dated 26th August, 2011 passed in a proceeding registered and numbered as C.W.J.C. No.3892 of 2011 besides being contrary to the law laid down by this Court in Sanjay Singh and Another Vs. U.P. Public Service Commission, Allahabad and Another, (2007) 3 SCC 720.

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