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Patna High CourtCWJC/2489/2024dismissed

Kumar Sumit Alias Sumit Choudhary v. The State Of Bihar

2024-03-14Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2489 of 2024 ====================================================== Kumar Sumit Alias Sumit Choudhary S/o Shyamanand Chaudhary alias Shyamanand Choudhary, Resident of Mohalla- Laxmi Sagar, Anand Kishori Nagar, PS- LNM University, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3.

Bihar Public Service Commission, 15, Nehru Path (Bailey Road), Patna through its Secretary.

4.

The Secretary, Bihar Public Service Commission, 15, Nehru Path (Bailey Road), Patna.

5.

The Examination Controller, Bihar Public Service Commission, 15, Nehru Path (Bailey Road), Patna.

6.

The Expert Committee, 67th Combined Competitive Examination Bihar Public Service Commission, 15, Nehru Path (Bailey Road), Patna through its Presiding Authority.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhu Prasun, Adv.

For the State :

Mr.Government Advocate (7) For the BPSC :

Mr.Nishant Kr. Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i. For issuance of a writ of Mandamus or any other appropriate writ/writs, order/orders, direction/directions commanding the concerned respondents to declare the petitioner successful in the preliminary examination of the 67th Combined Competitive Examination in the year, 2022 conducted by Bihar Public Service Commission as

Patna High Court CWJC No.2489 of 2024(2) dt.14-03-2024 2/3 the petitioner due to apparently wrong answers against Question No.- 97 and 118 of Question Booklet Series C was declared unsuccessful by only one mark although his answers were correct as per the reply of the Ministry of External Affairs, Government of India obtained under the Right to Information Act and also as per reply of the Bihar Public Service Commission given under the aforesaid Act including of other reliable sources also.

ii. For issuance of a writ of mandamus or any other appropriate writ/ writs, order/ orders, direction/ directions commanding the concerned respondents to arrange and allow the petitioner in Mains Examination as he has been eliminated and made suffered without any fault of his own.

iii. For any other order/ orders, direction/ directions commanding the concerned respondents to consider the eligibility of the petitioner for selection against advertisement of 67th Combined Competitive Examination and in case of he being successful, retrospectively service benefits may be given to him.

iv. For holding/declaring that the answers of Question No.- 97 and 118 of question Booklet Series 'C' were wrong on the basis of which the Bihar Public Service Commission has published final result of Preliminary Examination of the 67th Combined Competitive Examination conducted by

Patna High Court CWJC No.2489 of 2024(2) dt.14-03-2024 3/3 the Bihar Public Service Commission."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondentauthorities for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U