IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18442 of 2022

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Vikram Anurag, son of Birender Kumar, Resident of Gayatri Beauti Parlour,

Mamta Hotel, G.D. College Road, Meerganj, Dist- Begusarai, State- Bihar-

851101.

... ... Petitioner/s

Versus

1.

The Chairman, The Bihar Public Service Commission 15, Jawahar Lal

Nehru Marg (Bailey Road), Patna-800001.

2.

The Joint Secretary cum Examination Controller, Bihar Public Service

Commission, 15, Jawahar Lal Nehru Marg (Bailey Road), Patna-800 001.

3.

The Secretary, University Grants Commission (UGC) Bahadur Shah Zafar

Marg New Delhi-110002.

4.

Office of the Vice-Chancellor, Vice Regal Lodge, University of Delhi,

Delhi-110007.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Vikram Anurag (In Person)

For the BPSC

:

Mr. Sanjay Pandey, Advocate

:

Mr. Nishant Kumar Jha, Advocate

For the Respondent No.3:

Mr. Amarendra Nath Verma, Advocate

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

and

HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

Date : 19-04-2023

We have heard Mr. Vikram Anurag (in

person), Mr. Sanjay Pandey, learned counsel for the

Bihar Public Service Commission and Mr.

Amarendra Nath Verma, learned counsel for the

UGC.

2. The petitioner, who was a candidate

of 31^st

Bihar Judicial Services Competitive

Examination, has challenged the part of the result

Patna High Court CWJC No.18442 of 2022 dt.19-04-2023

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published by the Bihar Public Service Commission

(hereinafter called ‘the Commission’) wherein the

candidature of the petitioner has been rejected on

the ground that he has made a wrong disclosure,

while registering himself for depositing fee and

making online application for being considered for

appointment to the post of Civil Judge (Junior

Division).

3. What has been gleaned from the

record, it is evident that the advertisement issued

by the Commission clearly specified that an

aspirant was required to annex the certificates of

the institution regarding his having passed the LL.B

examination. However, while clarifying the

aforenoted requirement, stipulation was made in

the aforesaid advertisement that at the time of

interview, production of original certificate was

mandatory, failing which it would put a cloud on

the candidature of such candidate and, in that

event, the decision of the Commission shall be

final.

4. The advertisement further stipulated

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that with respect to basic academic qualification

making any candidate eligible for appearing in

such examination, the certificate/mark-sheet of law

or equivalent degree must be produced along with

the on-line application form, the last date of filing

such application form being 13.04.2020.

5. Clause 7 of the aforenoted

advertisement further provides the time-line for

registration; for depositing fee; and for filing on-

line application forms. The dates of registering

oneself; of depositing fee and of filing on-line

application form was extended by way of issuing

important notice and finally the last date for

registration was fixed on 31.08.2020; for

depositing of fee to 05.09.2020 and for filing on-

line application form to 12.09.2020.

6. The petitioner had obtained the

degree of law from Campus Law Centre, Delhi

University on 16.12.2020 i.e. much latter to the

last date of filling up the on-line application form.

Needless to say that the last date for filing on-line

application form was fixed on 12.09.2020.

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7. The candidature of the petitioner

was rejected by