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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Sudhir Kumar Gupta S/o Rajkumar Gupta – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. emphasis on 'right to know' in public examination processes. (Para 1 , 12) |
| 2. challenge to the selection process. (Para 2 , 3 , 4) |
| 3. arguments about selection irregularities. (Para 5 , 6 , 10) |
| 4. right to information and transparency. (Para 7 , 9) |
| 5. validity of cut-off mark changes. (Para 8 , 18 , 30) |
| 6. legal principles on challenging examination results. (Para 21 , 22 , 24) |
| 7. affirmation of proper selection process. (Para 26 , 27 , 33) |
| 8. final ruling on petitions based on merit list findings. (Para 28) |
| 9. final ruling of the court. (Para 34 , 35 , 36) |
JUDGMENT :
HARISH KUMAR, J.
The Cluster of the petitioners in both the cases are represented through Mr. Dinu Kumar, learned Advocate for the petitioners with M/s Ritika Rani, learned Advocate. The Bihar Police Sub-ordinate Service Commission is represented through Mr. P. K. Shahi, learned Senior Advocate. Mr. Sheo Shankar Prasad, learned SC-8 appears on behalf of the State.
2. The entire selection process as well as appointment of the selected candidates against Advertisement No. 1/2019 is put to challenge in the premise of the same being suffered from the vice of serious irregularities. The petitioners sought a directio
The selection process for recruitment must comply strictly with the criteria published in the advertisement; changes are impermissible unless explicitly allowed.
The recruitment process must adhere strictly to stipulations in the advertisement, and a candidate cannot contest procedures post-participation without valid grievances if unsuccessful.
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
A candidate who participates in a selection process without objection cannot subsequently challenge the process if the result is not to their liking.
Point of Law : candidates cannot approbate and reprobate at the same time. Either the candidates should not have participated in the interview and challenged the procedure or they should have challen....
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