Surendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8087 of 2014 ===========================================================

1. SURENDRA KUMAR S/O SRI MATHURA PRASAD Address- In Front of Kanhaipur High School, Mirjapur, P.S. + P.O. + Dist.- Nawada, BIHAR .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Old Secretariat Building, Patna

2. The Bihar Public Service Commission through The Chairman, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna

3. Sumitra Rajak S/O Not Known resident of- Not Known, C/O- Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vikas Kumar For the Respondent/s : Mr. AC to GA 1 Mr Satyabir Bharti Ms Aparna Arun =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-08-2016 The issue raised by the petitioner in the present writ application was also earlier raised in yet another writ application, i.e. CWJC No.1137 of 2014, decided on 23.2.2015. The insinuation or the allegation so made in the present writ application was in identical terms in the previous writ application, which has been considered and decided by the Court. The reasoning and rational provided therein also applies to the case of the petitioners. The only difference being that the subjects in which the petitioner wrote his paper are different from the earlier writ application of the candidate. The variation in the

Patna High Court CWJC No.8087 of 2014 dt.05-08-2016 2/2 marks in the evaluation was explained by the BPSC and accepted by the Court. There is no element of mischief as such because the Court examined the matter in quite a detail.

The explanation of the BPSC has also been offered in the present writ application as well in the counter affidavit filed on their behalf.

In view of the same, the writ application is dismissed. No relief can accrue to the petitioner.

(Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE Uploading Date 05.8.2016 Transmission Date