PATNA HIGH COURT
Satya Brata Sanyal, J.
Madhusudan Paswan
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 4825 of 1986 ;
Decided On : FEBRUARY 25, 1988
BIHAR PUBLIC SERVICE COMMISSION - GENERAL KNOWLEDGE EXAMINATION - CANCELLATION OF EXAMINATION - NON-SPEAKING ORDER - VIOLATION OF PRINCIPLES OF NATURAL JUSTICE - WRIT PETITION ALLOWED.
Fact of the Case:
Petitioners, candidates in the 31st Combined Competitive Examination, challenged the Bihar Public Service Commission's order canceling their General Knowledge examination due to alleged irregularities. The Commission accused them of having different signatures on the main and additional answer books and using outside assistance.
Finding of the Court:
The Court found that the impugned orders were non-speaking and did not provide any reasons for rejecting the petitioners' show cause explanations. It held that the authorities failed to conduct a proper inquiry, examine the Invigilators, or obtain expert opinions on the disputed signatures.
Issues: 1. Whether the impugned orders were non-speaking and violated the principles of natural justice? 2. Whether the authorities conducted a proper inquiry and considered the petitioners' explanations?
Ratio Decidendi: 1. A quasi-judicial order must provide reasons to support its decision, and a mere statement of careful consideration is insufficient. 2. The authorities failed to conduct a proper inquiry, examine the Invigilators, or obtain expert opinions on the disputed signatures, resulting in a decision based on suspicion and inference.
Final Decision: The Court allowed the writ petitions, quashed the impugned orders, and directed the Bihar Public Service Commission to reconsider and dispose of the matter in accordance with law.
1. These two writ petitions are disposed of by common judgment since they raise a common question of law. Petitioners, in both the applications, seek quashing of an order passed by the Bihar Public Service Commission dated 22-9-1986 (annexure-5 in both the writ applications) setting aside their examination with respect to General Knowledge examination in the 31st Combined Competitive Examination. The impugned orders merely say that the petitioners show cause with respect to the charges levelled found not to be satisfactory, a decision has been taken to cancel the relevant answer books.
2. Facts : The petitioners were candidates for 31st Combined Competitive Examination and they were issued Admit Cards on 1-2-1983. Their examination commented on 12-2-1983. On 26-3-1985 the petitioners were asked to appear before the Interview Board on 24-4-1985 and pursuant thereto both the candidates faced the Interview Board. In August, 1985, a show cause notice was issued to both the petitioners levelling the following charges.
In C.W.J.C. No. 2055 of 1987 the charges levelled were (Annexure-3) : the Head Examiner complained : (a) The signature of the Invigilator on main answer book is different from the additional answer book, and (b) The written answers are with the assistance of outside Agency.
In C.W.J.C. No. 4825 of 1986: (a) The extra answer book-I does not contain the signature of Invigilator, (b) In extra answer book-II the signature of the Invigilator is different from the signature of the Invigilator on the main answer book, and (c) the Invigilators signature on IInd Answer book Does not tally with the main signature or signature of any other Invigilators (Annexure-3).
3. The petitioners filed their show cause which is Annexure-4 in both the writ petitions. In C.W.J.C. No. 2055 of 1987 the stand taken by the petitioner was that there were two Invigilators invigilating the process of the examination on each day of the Examination. The Commission had not disclosed before the ensuance of the Examination about the instruction issued by it that the signature on the main answer book and on the additional answer book should be of the same Invigilator. Thus, being not aware of the instruction the petitioners cannot be punished because the signature on the additional answer book of an Invigilator did not tally with the signature of the Invigilator on the principal answer book. However, the signature of the Invigilator on the second answer book should be compared with the signature of other Invigilators also. It was also submitted that at times Invigilator of other rooms also used to invigilate in absence of the Invigilators of the room where a particular candidate sits for examination. If, therefore, during such a period a candidate is supplied with an additional answer book the guilt lies on the part of Examination authority in supplying the additional answer book without obtaining the signature of the Invigilator on the principal answer book. As far as the second charge is concerned, it was submitted that had the petitioner taken the aid of the material coming from outside the Centre Superintendent, Invigilators and other Officers of the Commission deputed to conduct the aforesaid examination would have immediately taken action against him or would have submitted an adverse report immediately to the Commission. But, to the knowledge of the petitioner no such report was ever submitted. After two and half years of the examination when the petitioner successfully came out from the written test and after completion of the Interview such belated charges ought not to be levelled. In C.W.J.C. No. 4825 of 1986 the stand of the petitioner in the show cause reply, it was submitted that it was not possible for a candidate to examine while in course of examination due to pressure and a different frame of mind while taking the examination to see for themselves whether the Invigilator has signed the answer book since it is thein duty to do so.
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