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1998 Supreme(Pat) 483

B.P.SINGH, D.S.DHALIWAL, RADHA MOHAN PRASAD
Braj Kishore Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner (in CWJC 5585/88):M/s Ram Balak Mahto, Sr. Advocate Shivendra Kishore, Advocate
For the petitioner (in CWJC 5025/88):M/s Shivendra Kishore, Advocate Shailendra Kr. Sinha, Advocate.
For the petitioner (in CWJC 7895/88):Mr. Mukesh Kumar Sinha, Advocate.
For the petitioners (in CWJC 4447/88):Mr. Madan Mohan No. 1. Advocate.
For the State (in all the cases) : Mr. Krishna Murari, G. P. V.
For the BPSC (in all the eases) :Mr. Kamlapati Singh, Sr. Advocate, Mr. Ishwari Singh, Advocate.

JUDGMENT

B. P. Singh, J.

These four writ Petitions have been heard together since they involve a common question. CWJC No. 7895 of 1988 was admitted for hearing by a Division Bench of this Court by order dated 1.12.1988. By the same order, the Bench directed that the matter be placed for hearing before a Larger Bench since their Lordships doubted the correctness of the decision of this Court in CWJC No. 2387 of 1988 disposed of on 11.8.1988. By order dated 15.12.1988, it was directed that CWJC No. 5585 of 1988 be placed for hearing along with CWJC No, 7895 of 1988. Similarly by order dated 16.12.1988 CWJC No. 5025 of 1988 was also directed to be heard with CWJC No. 7895 of 1988. Lastly by order dated 23.5.1989, it was directed that CWJC No. 4447 of 1989 be heard with CWJC No. 7895 of 1988. This is how all the four writ petitions have been placed for hearing before this bench.

2. Though the facts of the case are some what different, the common issue involved in all the writ petitions is as to whether it is permissible for a candidate to produce the certificates required to be produced under the advertisement at any time, or whether the Bihar public Service Commission may be Justified i
















































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