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2021 Supreme(Pat) 1140

IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR UPADHYAY, J.
CWJC No.5270 of 2021
(22.2.2021)
Roushan Kumar & Ors. ... Petitioners
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioners: Mr. Y.V. Giri, Sr. Adv., Alok Ranjan.
For the BPSC : M/s Lalit Kishore, Sr. Adv., Sanjay Pandey, Nishant Kumar Jha.

Headnote:

Service Law – Appointment – Post of Assistant Engineer (Civil) – What is highlighted by petitioners with regard to infirmity at PT examination that was screen test to short list candidates and thereafter petitioners participated in selection process – It is not the case of petitioners that answers were erroneous in main examination and whatever infirmity are highlighted relates to PT examination and that PT examination issue cannot be reopened by petitioners after participating in final examination and publication of result as petitioners with open eye participated in main examination and they are not allowed to find fault with PT examination to challenge outcome of main examination – Writ petition suffers from vice of non-joinder of necessary party – It is customary to plead mala fide but necessary pleadings are frequently noticed, missing in writ petition – High Court while exercising power of judicial review as constitutional Court is not expected to enter into roving enquiry as suggested by petitioner in present case – Self-imposed restriction in exercise of judicial review is a sound principle – Court is only expected to interfere in a situation where there is gross illegality and mala fide in selection process – Since no such pleading is available on record warranting interference, writ petition dismissed. (Paras 14, 16, 17, 20 and 21)

Anil Kumar Upadhyay, J.—Eight petitioners have filed the present writ application on the basis of the following foundational facts:—

“4. That in order to appreciate the issues involved in the instant writ petition it is stated that BPSC has published an advertisement bearing advertisement no. 02/2017, for appointment to the post of Assistant Engineer (Civil), advertisement no. 03/2017 for appointment to the post of Assistant Engineer (Engineering) and advertisement no. 04/2017 for appointment on the post of Assistant Engineer (Civil Animal Fisheries, Department) in various departments of the Government of Bihar and accordingly forms were invited from the eligible candidates.

Pursuant to and compliance to the same the petitioners alongwith other candidates have filled up the forms and have submitted to the BPSC and the same was duly received in the office of BPSC, last date of submission of form was fixed for 12.4.2017.

5. That it is pertinent to mention here that some of the candidates who have had some grievances with regard to minimum age fixed have approached to the Hon’ble Court, Patna by way of filing of writ application bearing CWJC No 5799 of 2017 which was allowed by the Hon’ble High Court vide order dated 8.8.2017.

Pursuant to and compliance to the order passed by the Hon’ble High court, Patna after making necessary correction, the authorities of the BPSC have again published an advertisement in which total no. of vacancies were 1237 and the last date of filing of form was fixed for 06.12.2017 and subsequently 47 seats were enhanced and the total no. of seats now was 1284.

6. That from bare perusal of the advertisement it is clearly transpires that the advertisement was issued in contravention to the reservation guidelines issued in this regard from the Government of Bihar.

Pursuant to reservation policy 12% reservation has been granted to backward class category (BC), whereas only 91 seats were allotted for BC category and after enhancement of seats total nos. of seats reserved for BC category was 92, whereas total no. of seats for unreserved category is 50% and the seats provided to unreserved category was 735 seats.

7. That it is further relevant to bring a relevant fact before the Hon’ble Court for kind consideration that in connivance with the respondent authorities, some of the candidates have applied twice and as far as the petitioners could gather information, one of the candidate had applied/filed up his form thrice and above all, the candidates who have done this, they have been allotted Roll nos. accordingly twice and thrice and they participated in the PT Examination conducted by BPSC and also were declared qualified and have also participated in the main examination and were declared qualified, for eg.

(A) Rohit Kumar, father’s name-Vijay Kumar, DOB-13.7.1995, Roll No. 220735.

(B) Rohit Kumar, Father’s name-Vijay Kumar, DOB-13.7.1995, Roll No. 220423.

(ii) (A) Puja Kumari, Father’s name-Vijay Kumar, DOB-13.11.1994, Roll no. 225678.

(B) Puja Kumari, Father’s name-Vijay Kumar, DOB-13.11.1994, Roll no. 219362.

(iii) (A) Kiran Kumari, Father’s name-Uma Shankar Prasad, DOB-5.2.1994, Roll No. 201481.

(B) Kiran Kumari, Father’s name-Uma Shankar Prasad, DOB-5.2.1994, Roll No.221747.

(iv) (A) Shivrath Jha, Father’s name- B.K. Jha, DOB-26.1.1994, Roll No. 220783.

(B) Shivrath Jha, Father’s name- B.K. Jha, DOB- 26.1.1994, Roll No. 222282.

(C) Shivrath Jha, Father’s name- B.K. Jha, DOB- 26.1.1994, Roll No. 205213.

The aforementioned are names of some of candidates who in connivance with the respondent authorities have been allotted Roll Nos. twice and thrice and the candidates have been declared successful in PT and main examination as well, it is one of example of large scale bugling committed in selection procedure, which vitiates the entire selection process.

8. That it is further relevant to mention here that the result of PT examination was published on 30.01.2019 and subsequently it was republished on 09.02.2019 and again publis

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