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ASHUTOSH KUMAR, PARTHA SARTHY
Anand Legal Aid Forum Trust – Appellant
Versus
Bihar Public Service Commission – Respondent
Ashutosh Kumar, ACJ. – The common prayer in all the writ petitions, including the PIL, is cancellation of integrated 70th Combined (Preliminary) Competitive Examination, conducted by the Bihar Public Service Commission (for short ‘the Commission’), held on 13.12.2024 and 04.01.2025 and for holding a re-examination on the grounds of (i) systemic failure of the Commission in conducting a free and fair examination; (ii) logistical and administrative mismanagement at examination centres; (iii) impermissibility of holding two Preliminary Examinations; (iv) prevaricating stand of the Commission with respect to normalization; (v) wrong key-answers; (vi) unfair answer evaluation process; (vii) malpractices at the examination centres; (viii) strong chances of paper leak; and (ix) completely opaque methodology for coming out with a combined merit-list, without taking into account the equal standard of rigour for the students, thus offending Articles 14 and 16 of the Constitution of India.
2. It has been argued by all the petitioners that the above-noted grounds have led to the process of examination and the result being shrouded/mired in controversy. It is the assertion of the petitioners tha
A candidate's right to selection cannot override the necessity for a fair examination process; substantial evidence of systemic irregularity justifies cancellation of examination results.
The court held that procedural discrepancies and allegations, without substantial evidence of bias or systemic failure, do not merit interference with the integrity of the examination process.
Cancellation of public examinations must be justified by systemic irregularities; isolated issues like double admit cards do not warrant such drastic measures.
(1) Cancellation of an examination, either for the purposes of gaining admission into professional and other courses or for the purpose of recruitment to a government post, is justified only in cases....
The court established that in cases of widespread malpractice in recruitment processes, the integrity of the examination must be preserved, and it is permissible for the State to cancel the examinati....
Re-evaluation of answer sheets is not a matter of right unless explicitly permitted by rules; fairness in evaluation must be upheld.
Point of Law : Practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in relevant rules for re-evaluation and tha....
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