SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Pat) 693

IN THE HIGH COURT OF JUDICATURE AT PATNA
MADHURESH PRASAD, J.
CWJC Nos. 17803, 17806 of 2022
(22.12.2022)
Harshit Sharan & Ors. (in 17803)
Vikash Kumar (in 17806) ... Petitioners
vs.
State of Bihar & Ors. (in 17803)
Bihar Public Service Commission,
Bailey Road, Patna & Ors.
(in 17806) ... Respondents

Advocates:
For the Petitioners: M/s Y. V. Giri, Sr. Adv., Shrishti Singh, Pranav Kumar, Sumit Kumar (in 17803); Suresh Kumar Ishwar (in 17806).
For the State : Mr. Suman Kumar Jha (in both).
For the BPSC : M/s Sanjay Pandey, Nishant Kumar Jha (in both).

Headnote:

Service Law – 67th Combined preliminary competitive Re-Examination – Selection Process – petitioners alleging that many of the answers to the questions were wrong – final answer key was published and final result was published on 17.11.2022 in which the petitioners emerged unsuccessful – it is only, thereafter, that some of the petitioner claimed to have filled their objections – it is settled law that having participated in the selection process, and on being declared unsuccessful, candidates cannot be permitted to challenge the process, much less heard to say that the assessment criteria itself (Model answer), were incorrect more so, when in the instant case the process of selection provided an opportunity for raising objection regarding correctness of the provisional model answers, which opportunity the petitioners have chosen not to avail – having taken their chance and on being declared unsuccessful, the petitioners cannot be permitted to allege that the selection process was infirm moreso since the relief of granted would adversely affect third party rights of those candidates who have emerged successful in the process – petitioner of CWJC No. 17806/2022, though filed his objections in time but has no referred to any authentic source or material in support of his objections further, the objection that candidate more than 10 times that number of vacancies have been declared successful as a result the petitioner who is claiming benefits of reservation has been made to suffer is without any basis as cut off marks has uniformly applied to all appearing dismissed. (Paras 15, 20, 21 & 35).

(2018) 2 SCC 357, (2018) 8 SCC 81, 2019 (3) PLJR 983, LPA NO. 798 of 2019, (2018) 7 SCC 254, 2022 (3) PLJR 383, (2021) 1 BLJ 673 (PHC), 2016 (1) PLJR 865 CWJC No. 1156 of 2021, (2020) 2 SCC 173 – Referred.

Madhuresh Prasad, J.—These two writ petitions are raising identical issues in respect of the same procedure in relation to 67th Combined Preliminary Competitive Re-Examination (for short ‘the Preliminary Examination’). The learned counsels have, thus, submitted that the matter may be considered together.

2. Mr. Y.V.Giri, learned senior counsel, represents the petitioners in CWJC No. 17803 of 2022, whereas the petitioner of CWJC No. 17806 of 2022 is represented by learned counsel Mr. Suresh Kumar Ishwar. The respective learned counsels for State and BPSC have also made submission. The relief claimed by the parties in both the writ petitions are substantially based on a criticism of the answer key based on which result of the Preliminary Examination has been declared.

3. In brief, the sequence of events leading to lodging of the instant cases and which are not in dispute is that Advertisement for the Examination was published on 24-09-2021. The Preliminary Examination consisting of Multiple Choice Questions (‘MCQ’ for short) was conducted on 30-09-2022. The petitioners participated in this examination. Immediately, after the examination, i.e. on 01.10.2022, the Respondent-Commission came out with a provisional answer key, containing model answers to the questions asked in the Preliminary Examination. This provisional answer key was published along with an “Important Notice” (Annexure-3 in CWJC No. 17803 of 2022), on the same day, allowing an opportunity to the appeared candidates, which includes the petitioners to raise an objection with respect to any of the provisional answers, but with reference to authentic source/material. The objection was to be submitted on the “objection form” prescribed in the notice, giving name and other details of the appearing candidate, through speed post, so as to reach the office of the Commission on or before 5 P.M. on 12.10.2022. The notice further contained a clear stipulation that objections received after the date and time specified will not be considered. The objections received on the form were to be subjected to a detailed examination by a Committee of subject Experts. After such consideration, the final answer key was to be prepared by the Committee, based on which the OMR answer sheet(s) were to be evaluated.

Re. : Civil Writ Jurisdiction Case No. 17803 of 2022)

4. These petitioners admittedly, have not filed any objection to the provisional model answers. The impugned final answer key along with the result of the Preliminary Examination has been published on 17.11.2022. Thereafter, respondent-Commission on 25.11.2022 has notified the schedule of the 67th Combined main (Written) Competitive Examination (for short ‘the Mains Examination’) to be conducted between 29.12.2022 to 31.12.2022. Only those candidates who had emerged successful at the Preliminary Examination and whose names figured in the result published on 17.11.2022, were allowed to appear for this Mains examination, as per the terms of Advertisement.

5. Immediately, one day after publication of the dates for the Mains Examination, the Commission came out with the additional result dated 26.11.2022. Photo copy of the same is Annexure-6 to the writ petition. From perusal of the same, the reasons necessitating its publication are apparent. The answer key provided an answer choice for one question, which was correct only for Hindi version of the question. The answer choice for English version of the same question was different. Therefore, upon consideration of the objections in this regard, and finding the objection to be correct the Commission took a decision that option “E: would be a valid answer for question booklet of all series. As a result, those candidates who had chosen option “E” as the correct answer were given one mark for this question. 15 candidates across all categories, thus, emerged successful, within the earlier determined cut-off marks. It is these 15 candidates whose results have been notified as additional result

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top