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2023 Supreme(Pat) 399

ASHUTOSH KUMAR, HARISH KUMAR
Nitu Kumari – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Sanjay Kumar (in 1777, 25781), Rakesh Kumar (in 1777); Neeraj Kumar, Abhishek Singh (in 25781); Apurv Harsh, Prashant Bhardwaj, Sanjay Kumar (in 1637); Anil Kumar Sinha (in 2055).
For the Respondents: M/s P.K. Verma, AAG-3 (in 1777, 2055); Suman Kumar Jha, AC to AAG-3 (in 1777); Gyan Prakash Ojha, GA-7, Uday Shankar Pandey, AC to GA-7(in 25781); Md. N.H. Khan, SC-1(in 1637); Saroj Kumar Sharma, AC to AAG-3(in 2055).
For the High Court : M/s Satyabir Bharti (in 1777); Piyush Lall(in 25781, 1637, 2055).
For the B.P.S.C. : M/s Sanjay Pandey, Nishant Kumar Jha (in 25781, 2055).

HARISH KUMAR, J.:–We have heard Mr. Rakesh Kumar, learned Advocate for the petitioners in all the four writ petitions, Mr. Nasrul Hoda Khan, learned Advocate for the State, Mr. Piyush Lall, learned Advocate for the Patna High Court and Mr. Satyabir Bharti, learned Advocate for the Bihar Public Service Commission.

2. Since the issue involved in all these writ petitions is one and the identical, the same are being heard together and disposed of by this common order/ judgment.

3. The core question for consideration as depicted by the petitioners, who were the aspirants of 30th Bihar Judicial Service Competitive Examination, is as to whether in absence of any provision of disqualifying any candidate in interview under the Bihar Civil Service (Judicial Branch) (Recruitment) Amendment Rules, 2016, the Advertisement No. 06 of 2018 issued thereunder, providing minimum Bench mark of 35 per cent in interview and thereby disqualifying large number of candidates, including the petitioners, could be held to be justified and sustainable in law.

4. The brief history of the case is that the petitioners having found themselves eligible, participated in the selection process for the 30th Bihar Judicial

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