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2021 Supreme(Pat) 658

CHAKRADHARI SHARAN SINGH
Utpal Kant – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Rupesh Kumar,Mr. Rupesh Kumar,Mr. Rupesh Kumar, Mr. Lalit Kishore, Senior Advocate with Mr. Satyabir Bharti, for the Appellant; Mr. Saroj Kumar Sharma, AC to AAG-3, Mr. Lalit Kishore, Senior Advocate with Mr. Satyabir Bharti, Mr. Md.N.H. Khan (SC 1), Mr. Lalit Kishore, Senior Advocate with Mr. Satyabir Bharti, Mr. P.K. Verma (AAG 3), for the Respondent.

JUDGMENT

1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. All these applications have been heard together, as they involve same issue with the consent of parties.

3. Heard Mr. Rupesh Kumar, learned counsel appearing on behalf of the petitioners. Mr. Lalit Kishore, learned Senior counsel appearing on behalf of the Bihar Public Service Commission and learned counsel appearing on behalf of the State.

4. Mr. Rupesh Kumar, learned counsel for the petitioners, through whom these three applications have been filed states that the petitioners shall confine their challenge to the impugned result of the preliminary test published by the Bihar Public Service Commission (in short, BPSC) on the sole ground that B.PS.C. could not have prescribed any minimum qualifying marks for the said preliminary test in the absence of any clear stipulation in this regard in the advertisement.

5. The B.PS.C. came out with an advertisement no. 01 of 2020 inviting applications for 553 posts of Assistant Prosecution Officer (in short APO). The scheme of the process of selection as disclosed in the advertisement, in tune with the statutory rules governing the cadre, pres

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