Anand Legal Aid Forum Trust, Through its Trustee Namely Amit Kumar vs Bihar Public Service Commission through Chairman, Patna

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Pat) 288

PATNA HIGH COURT
HONOURABLE , ACJ, HONOURABLE MR. PARTHA SARTHY, J
Anand Legal Aid Forum Trust, Through its Trustee Namely Amit Kumar – Appellant
Versus
Bihar Public Service Commission through Chairman, Patna – Respondent

Advocates:
For the Appellants/Petitioners:Mr. Abhijit Anand, Advocate, Ms.Sweta Kumari, Advocate
For the Respondents:Mr. Lalit Kishore, Sr. Advocate, Mr. Sanjay Pandey, Advocate, Mr. Ayush Kumar, Advocate, Mr. Kanishka Shankar, Advocate, Mr. Nishant Kumar Jha, Advocate, Mr. Ratnesh Kumar, Sr. CGC, Mrs. Parul Prasad, CGC, Mr. Aditya Anand, Advocate, Mr. Rajiv Ranjan, Advocate, Mrs. Nivedita Nirvikar, Sr. Advocate, Mr. Arya Achint, Advocate, Mrs. Karishma Aware, Advocate, Mr. P.K.Shahi, A.G., Mr. Vikas Kumar, Advocate, Mr. Amritesh Kumar, Advocate.

Table of Content
1. grounds for re-examination. (Para 1 , 2 , 3)
2. irregularities at examination centres. (Para 4 , 5 , 6 , 7)
3. counterarguments by commission. (Para 10 , 11)
4. locus standing in public interest litigation. (Para 12 , 13 , 14 , 15)
5. principles governing examination cancellation. (Para 31 , 32 , 33 , 34)
6. dismissal of the petitions. (Para 104 , 105 , 106 , 107)

CAV JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 28-03-2025

The common prayer in all the writ petitions, including the PIL, is cancellation of integrated 70^th 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;

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2025 Supreme(Online)(Pat) 288

PATNA HIGH COURTHONOURABLE , ACJ, HONOURABLE MR. PARTHA SARTHY, JAnand Legal Aid Forum Trust, Through its Trustee Namely Amit Kumar – AppellantVersusBihar Public Service Commission through Chairman, Patna – Respondent

Cases Referred (4)

PATNA HIGH COURT
HONOURABLE , ACJ, HONOURABLE MR. PARTHA SARTHY, J
Anand Legal Aid Forum Trust, Through its Trustee Namely Amit Kumar – Appellant
Versus
Bihar Public Service Commission through Chairman, Patna – Respondent