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2022 Supreme(Pat) 332

P. B. BAJANTHRI, RAJIV ROY
Bihar Public Service Commission, Patna – Appellant
Versus
Utpal Kant – Respondent


Advocates:
For the Appellants : M/s Lalit Kishore, Sr. Adv., Satyabir Bharti, Prachi Pallavi (in 664).
For the State : Mr. Suman Kumar Jha (in 664).
For the Pvt.-Respondents: Mr. Arun Kumar, Alok Kumar.
For the Appellants : M/s Lalit Kishore, Sr. Adv., Satyabir Bharti, Prachi Pallavi (in 12).
For the State : Mr. Suman Kumar Jha (in 12).
For the Respondents: M/s Arun Kumar, Alok Kumar (in 12).

JUDGMENT

RAJIV ROY, J.:–

The appellant, Bihar Public Service Commission (henceforth for short ‘the BPSC’) Patna, has preferred these two appeals through its Chairman for setting aside the common order and judgment dated 23.08.2021 passed by the learned Single Judge (Hon’ble Mr. Justice Chakradhari Sharan Singh) in C.W.J.C. No. 10649 of 2021 (Utpal Kant & Others Vs. The Bihar Public Service Commisison & Others) and analogous cases by which the writ petitions preferred by the respondents-petitioners were allowed with a direction to ‘the BPSC’ to publish a revised result of the preliminary test of successful candidates (relating to Advertisement No. 01/2020 for 553 posts of Assistant Prosecution Officer) without invoking the resolution of the Personnel and Administrative Reforms Department, Government of Bihar (henceforth for short ‘the Department’) issued vide memo no. 2374 dated 16.07.2007 which was not mentioned in the advertisement so far as the preliminary test is concerned.

2. The matrix of facts leading to the present appeal is/are as follows:—

3. ‘The BPSC’ came out with an Ad

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