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AHSANUDDIN AMANULLAH
Aditya Prakash – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Ahsanuddin Amanullah, J. - Heard Mr. Rajendra Narain, learned senior counsel along with Ms. Anju Kumari @ Anju Narain and Mr. Anant Kumar Sinha, learned counsel for the petitioners; Mr. S K Ranjan, learned Assistant Counsel to Government Pleader 17 for the State; Mr. Lalit Kishore, learned Advocate General along with Mr. Gyan Shankar, learned counsel for the Bihar School Examination Board (hereinafter referred to as the Board ); Mr. P K Shahi, learned senior counsel along with Mr. Vipin Kumar, learned counsel for a proposed intervenor; Mr. Shashank Chandra, learned counsel for another proposed intervenor and Mr. Surya Swetabh, learned counsel for one more proposed intervenor.
2. The petitioners have moved the Court for the following reliefs:
(i) Issuance of an appropriate writ including awrit in the nature of writ of certiorari quashing the respondents letters--(a) letter no. 167 / 2020 dated 11.06.2020 (as contained in Annexure-2) issued by the respondent Examination Controller (Miscellaneous), Bihar School Examination Board (hereinafter referred to in short as the BSEB) by which it has been informed that the BSEB had decided to proceed for RE-EXAMINATION of Secondary Teach
An examination can only be cancelled if there are systemic irregularities; isolated incidents do not justify re-examination if tainted candidates can be segregated from untainted ones.
In case of doubt, the benefit should go to the Examination Authority rather than to the candidates.
In the absence of any provision for re-evaluation in the guidelines, re-evaluation is not permissible.
Minor technical irregularities in recruitment exams, promptly rectified without systemic fraud or inability to segregate tainted/untainted candidates, do not vitiate entire selection process.
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