JUDGMENT

Ashwani Kumar Singh, J. - By the present application, the petitioner seeks review of the order of the Division Bench dated 23.03.2021 passed in CWJC No.8106 of 2021 by which the writ petition of the petitioner has been dismissed.

2. The brief facts of the case are as follows:-

(a) The Bihar Public Service Commission issued Advertisement No.4 of 2020 on 09.03.2020 inviting applications from eligible candidates for participating in the 31st Bihar Judicial Services (Preliminary) Competitive Examination for consideration of their cases for appointment against a total number of 221 seats of Civil Judge (Junior Division) in different categories as indicated under the said advertisement.

(b) Clause-4(ka) of the aforesaid Advertisement No.4 of 2020 dated 09.03.2020 prescribed that in terms of the provisions contained under notification dated 08.05.2008 bearing Notification No.4923 issued by the Personnel and Administrative Reforms Department of the State Government, in the event of submission of application by a large number of candidates, a Preliminary Tests in the form of Multiple Objective Choice Test would be conducted by the Commission and candidates equal to ten times the number of vacancies would be allowed to participate in the Main Examination.

(c) The petitioner being eligible in all respects, amongst other persons, submitted his application form in the prescribed manner for participating in the process of selection pursuant to the aforesaid 31st Bihar Judicial Services (Preliminary) Competitive Examination in furtherance of Advertisement No.4 of 2020.

(d) Thereafter, the petitioner participated in the 31st Bihar Judicial Services (Preliminary) Competitive Examination, Patna on 06.12.2020 which comprised of Multiple Choice Objective Test in the subjects of General Studies and Law.

(e) After the examination, the answer key was published by the Bihar Public Service Commission in relation to the questions that had been asked, inter alia, in the subject of Law.

(f) Subsequently, the result of the candidates who had participated in the 31st Bihar Judicial Services (Preliminary) Competitive Examination was published. The petitioner was shown to have secured a total of 162 marks in the said examination including the subjects of General Studies and Law whereas 164 was the cut-off marks for the candidates belonging to the Unreserved Category.

(g) Since the petitioner belongs to the Unreserved Category, he failed to qualify in the said Preliminary Test by a margin of 2 marks.

(h) The case of the petitioner is that after the result of the 31st Bihar Judicial Services (Preliminary) Competitive Examination was published, he analyzed the answer key published by the Commission. According to him, insofar as question nos. 58, 126 and 133 of Set-D of the question booklet were concerned, marks had been awarded to the candidates while treating incorrect options to be the correct answers of the said questions, as a result of which, he has been subjected to extreme detriments, as he has been ousted from the zone of the consideration by a minuscule margin of two marks only.

(i) Being aggrieved by the aforesaid result of the Preliminary Competitive Examination, the petitioner filed a writ petition before this Court vide CWJC No.8106 of 2021 seeking the following reliefs:-

"(i) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Bihar Public Service Commission, Patna (hereinafter referred to as "the Commission") to take steps towards making necessary changes in the answer key prepared by the Commission pursuant to 31st Bihar Judicial Services (Preliminary) Competitive Examination in so far as question no. 58, 126 and 133 of Set-D of the said examination are concerned;

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to redraw the list of successful candidates for enabling them to par