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2012 Supreme(Pat) 80

A.M.DOSHIT, BIRENDRA PRASAD VERMA
Manoj Kumar S/o Sri Chandradev Yadav, R/o Vill. -Bahora Bigha, P. O. – Appellant
Versus
State of Bihar through Principal Secretary, General Department, Patna – Respondent


Advocates appeared:
For the Appellants : M/s Manan Kumar Mishra, Bishwajeet Kumar Mishra.
For the Respondent- M/s Lalit Kishor, Vikash BPSC and the State Kumar, Satyabir Bharti, Sanjay Pandey.

Order

(Per: Hon'ble the Chief Justice) This Appeal preferred under Clause 10 of the Letters Patent arises from the common judgment and order dated 4th January, 2012 passed by the learned Single Judge. The appellants are the writ petitioners in CWJC No. 13022 of 2011.

2. The matter at dispute is the preliminary examination held by the Bihar Public Service Commission (hereinafter referred to as "the Commission") in connection with the 53rd to 55th Common Combined Competitive Examination for recruitment to Class-II posts under the State service. As prelude to the said examination the Commission conducted a preliminary examination on 17th April, 2011. The result was declared on 16th July, 2011.

3. Feeling aggrieved, many unsuccessful candidates challenged the result of the examination in writ petitions filed under Article 226 of the Constitution, CWJC No. 13022 of 2011 * being one of them. According to the writ petitioners the Commission had failed to conduct the preliminary examination with due care and diligence. Many of the questions asked at the examination were wrong; in respect of some, the key supplied by the expert was wrong. Eventually many examinees were adversely affected on a








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