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2018 Supreme(Pat) 250

AJAY KUMAR TRIPATHI, NILU AGRAWAL
Bihar Public Service Commission through its Chairman – Appellant
Versus
Jagat Narayan Nayak S/O Late Sita Ram Nayam – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr Ashok Kumar Singh, Sr. Advocate, Mr. Sanjay Pandey, Mr Manish Kumar, Mr Prem Ranjan Raj, Mr Bimlendu Shekhar Thakur, Mr Shyam Nandan Thakur
For the Respondent: Mr S.D.Yadav
For the State : Mr. Anjani Kumar
For the Pvt. Respondents:Mr Basant Kumar Chaudhary, Sr. Advocate, Mr Jagjit Roshan, Mr Sanjeev Kumar,

JUDGMENT :

AJAY KUMAR TRIPATHI, J.

All these appeals were taken up and heard separately, but since common questions of law emerge for consideration, they are being finally disposed off by a common judgment.

2. These appeals have been preferred by Bihar Public Service Commission (BPSC) against the order of the learned Single Judge dated 14.02.2014 since the learned Single Judge allowed the writ applications of all the private respondents giving a direction upon the BPSC, the appellant, to consider their case for appointment on the post of Assistant Professors in different streams for the medical colleges of the State of Bihar. In these appeals, the issue before the learned Single Judge was whether the BPSC was correct in its view of not calling the private respondents for interview because they refused to award marks under publication and since the minimum cut- off 10 marks was not reached, the private respondents approached the High Court through writs.

3. The learned senior counsel representing the appellant- BPSC submits that the learned Single Judge committed a serious error of law as well as fact by giving an interpretation as well as a direction that articles, which were not even



























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