Satyavrat Verma, J. – Heard learned counsel for the petitioner, learned AC to GP-2 and the learned counsel appearing on behalf of the BPSC, Shri Sanjay Pandey.

2. Learned counsel appearing on behalf of the petitioner submits that the instant writ application has been filed for quashing the notice dated 29-12-2023 (Annexure-7) issued by the Respondent No. 5, whereby the petitioner has been permanently debarred from appearing in any examination on the alleged ground of being involved in impersonation during the Teacher Competitive Examination conducted on 8-12-2023 in pursuance of an Advertisement No. 27 of 2023. Further to quash the Memo No. 5154 dated 14-3-2024 issued by the Respondent No. 5 (Annexure-9), whereby the list of candidates (including the petitioner), who have been debarred on alleged ground of being involved in impersonation during the Teacher Competitive Examination conducted in pursuance of Advertisement No. 27 of 2023 has been communicated to various public service commissions across the country, further to direct the Bihar Public Service Commission (hereinafter referred to as "BPSC") to remove the notice dated 29-12-2023 from its official website and also to publish a necessary correction notice insofar as petitioner is concerned apart from other ancillary reliefs.

3. The learned counsel appearing on behalf of the petitioner submits that the BPSC issued Advertisement No. 27 of 2023 dated 4-11-2023 (Annexure-2) for recruitment of 69706 teachers under the Education Department and 916 teachers under the backward class and extremely backward class under the Welfare Department, Government of Bihar. The petitioner being eligible in terms of the advertisement registered with the portal of BPSC with Registration No. 202327361685 and filled up the form for participating in the selection process under both the schools as Mathematics teacher on 12-11-2023 (Annexure- 3). The date of examination was notified by the BPSC on 8-12- 2023 and the petitioner was issued admit card bearing Roll No. 528914 (Annexure 4). The petitioner was allotted Examination Center Code No. DAR2118, Raj High School, Darbhanga. The petitioner on 8-12-2023 reached the center where his biometric and photographs were taken and thus was permitted to participate in the examination. The petitioner was given OMR Sheet No. 4094884 (Annexure 5), as would manifest from the OMR sheet downloaded from the website of the BPSC. It is next submitted that the result was published on 27.11.2023 and the petitioner secured 40 marks, thus was not selected for the post of Mathematics teacher, as would manifest from print out obtained from the website of the BPSC (Annexure-6).

4. The learned counsel for the petitioner next submits that petitioner on 29.12.2023 was shocked to know from social media website that 49 candidates have been debarred on grounds of indulging in impersonation in the examination, accordingly the petitioner visited the website of the BPSC and saw that Respondent No. 5 has issued notice dated 29.12.2023, whereby petitioner was permanently debarred from appearing in any examination on the grounds that he indulged in impersonation in the examination conducted on 8.12.2023.

5. The learned counsel appearing on behalf of the petitioner submits that notice dated 29.12.2023 was penal in nature and was issued behind the back of the petitioner, without giving him any opportunity to explain his side of the case, i.e., the notice dated 29.12.2023 was issued in complete breach of the principles of natural justice, moreso when the same entailed penal/civil consequences.

6. It is submitted that the petitioner on 4-1-2024 submitted a representation dated 4-1-2024 (Annexure-8 series) before the Respondent No. 5 via post and e-mail stating therein that the biometrics and photographs of the petitioner were taken at the examination centre and he had not indulged in any malpractice, but the petitioner did not receive any reply, rather was served with Memo No. 5154 dated 14.3