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2021 Supreme(Pat) 564

SHIVAJI PANDEY, PARTHA SARTHY
Bihar Public Service Commission through its Chairman – Appellant
Versus
Ashish Kumar Pathak, S/o Baidyanath Pathak – Respondent


Advocates Appeared:
For the Appellants :Mr. Lalit Kishore, Senior Advocate, Mr. P.K. Shahi, Senior Advocate, Mr. Sanjay Pandey, Advocate
For the State : Mr. Prabhat Kumar Verma (AAG-3), Ms. Saroj Sharma, A.C. to AAG-3
For Private Respondent:Mr. Harsh Singh, Advocate

JUDGMENT :

SHIVAJI PANDEY, J.

Heard learned counsel appearing for the respective parties.

2. In the present appeals, the appellants are challenging the judgment and order dated 26.03.2019 passed in C.W.J.C. No.3670 of 2019 (Ashish Kumar Pathak and Ors. vs. The State of Bihar and Ors.) and other analogous cases, whereby and whereunder the learned Singled Judge has interfered with the report of the expert committee holding that the answers given by the expert committee with respect to four questions are incorrect and directed the Bihar Public Service Commission to constitute an expert body of members, who were not part of the erstwhile committee, to revisit the four abovementioned questions and if it is found that the answers provided by the Commission to the aforesaid four questions are incorrect, the petitioners do deserve to participate in the selection process by writing the mains examination. It has also been directed for holding of special examination in the event of their success even if it entails an additional cost, energy and time of the Commission by placing reliance on the judgment of this Court rendered in the case of Ravindra Kumar Singh v. High Court of Judicature of Patn

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