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CHAKRADHARI SHARAN SINGH
Navin Kumar son of Sri Rameshwar Prasad – Appellant
Versus
State of Bihar through the Principal Secretary, Department of General Administration, Government of Bihar, Patna – Respondent
JUDGMENT :
1. After having been declared successful in the preliminary test, the petitioner had appeared in the main (written ‘60th to 62nd Combined Competitive Civil Services Examination’) held by the Bihar Public Service Commission (hereinafter referred to as ‘the B.P.S.C.’) as a candidate belonging to BC category. He was declared successful for the interview but his name could not figure in the final merit list for recommendation by the B.P.S.C. in its result published on 01.02.2019 since the petitioner was found to have scored 582 marks as against the cutoff marks of 584 fixed for the BC category. The final merit list was published by the B.P.S.C. on the basis of marks obtained by respective candidates in the main (written examination) and the interview taken together.
2. The candidates declared finally selected on the basis of said examination have already been appointed. The petitioner had chosen Public Administration as his optional subject. He filed an application under the Right to Information Act, 2005 for the supply of answer sheets of both the papers of general studies as well as the optional subject namely Public Administration which were supplied to him on 05.07.2019.
3.
The main legal point established is that the court will not interfere in cases where malpractices are found, and action should be taken against those responsible.
Appointment – Re-evaluation of answer-sheets of written examination cannot be ordered without any concrete reason.
The timing of the reduction of marks in the applicant's paper is crucial in determining whether it amounts to tampering intended to exclude the applicant from competition.
The finality of public examination results and the reluctance to interfere with expert decisions, as well as the absence of provisions for re-evaluation in the rules, precluded the petitioner's right....
Re-evaluation of answer sheets is not permissible in the absence of relevant rules or instructions.
The court upheld the decision of the respondent-authorities not to consider the appellant's candidature due to discrepancies in the answer sheets.
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