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ANIL KUMAR UPADHYAY
Santosh Kumar Yadav Son of Satya Narayan Yadav – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Heard learned counsel for the petitioners and the respondents.
1. All the three writ applications have been filed by the petitioners challenging the decision dated 27.7.2016 of the Bihar Staff Selection Commission (hereinafter referred to as ‘the Commission’), whereby the Commission had decided to return back the left out vacancies of Auditor for sending fresh requisition.
2. In the year 2007 vide advertisement No. 2403, the Commission invited application for appointment on 570 posts of Auditor. The petitioners in all the three writ applications applied for the post. Their objective type examination was held on 7.10.2012. They were asked to keep carbon copy of the OMR sheets after the examination was over in terms of the instruction in the objective type examination while blackening the OMR sheets.
3. On 20.10.2012 a case was registered by the Economic Offence Unit vide Economic Offence Unit P.S. Case No. 23 of 2012 on the allegation that the lock of the strong room of the Commission in which OMR sheets were kept, was broken and OMR sheet was tampered and manipulated to extend favour to certain candidates. While the case was pending, the Commission published result of 400 ca
Results of meritorious candidates for police posts cannot be released or provisional appointment granted when criminal investigation and trial for exam malpractices are pending, despite lack of indiv....
Post-computer evaluation of OMR sheet, manual re-scrutiny rejecting candidature for erasure/multiple answers is illegal; limited to 1/3rd mark deduction; delayed tampering plea without evidence arbit....
Post-computer evaluation of OMR sheet, manual re-scrutiny alleging erasure is illegal; multiple markings warrant 1/3rd mark deduction, not candidature cancellation.
Termination without clear evidence of malpractice violates principles of natural justice and procedural fairness.
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