Sanjeev Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7437 of 2022 ====================================================== Sanjeev Kumar Mishra Son of Sri Manik Prasad Mishra Resident of Jyotipuram Colony, Khajpura, P.O. B.V. College, P.S. Rajiv Nagar, Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Main Secretariat, Patna.

2.

The Chief Secretary, Government of Bihar, Secretariat, Patna. 3.

The Principal Secretary, Department of Education, Government of Bihar, Secretariat, Patna.

4.

The Principal Secretary, General Administrative Department, Secretariat, Patna.

5.

The Bihar Public Service Commission through its Chairman, Bailey Road, Patna.

6.

The Chairman, Bihar Public Service Commission, Bailey Road, Patna. 7.

The Joint Secretary-cum-Controller of Examination, Bihar Public Service Commission, Bailey Road, Patna.

8.

Central Bureau of Investigation, through the Director, North Block, New Delhi.

9.

Central Bureau of Investigation, through the Superintendent of Police. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra ( In Person ) For the Respondent/s :

Mr. Lalit Kishore, AG For B.P.S.C. Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their

2/4 residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 01-07-2022 Petitioner has prayed for the following relief(s): " i) For issuance of an appropriate writ in the nature of mandamus commanding the respondent authorities to investigate the matter abut the fraudulent conduct of the Bihar Public Service Commission while conducting 67th combined competitive examination for which an advertisement was published on 24.09.2021 issued under the signature of respondent Joint Secretary cum Examination Controller, Bihar Public Service Commission, Patna.

ii) For issuance of an appropriate writ directing the Central Bureau of Investigation to investigate the fraudulent conduct of all the concerned Officials of the concerned District Administration in connivance with the Officials of the Bihar Public Service Commission.

iii) For issuance of an appropriate writ directing the Bihar Public Service Commission to pay suitable compensation to the candidates to pay suitable compensation to the candidates appeared in the 67th combined competitive examination held on 08.05.2022, whereby and whereunder all the examinees have been allotted the

3/4 examination centre in the different districts far away from the place where they reside.

iv) For directing the District Administration of the state to treat the candidates as human beings and not as a herd of sheep or cattle.

v) For directing upon the respondent BPSC to allot the examination center to the examinee in nearby places having the basic facilities of sanitation, water, fan, wall clock and alarm system so that they can be cautioned regarding the time left.

vi) Any other order or orders as to Your Lordships may deem fit and proper in the facts and circumstances of the case."

Learned Advocate General states that taking cognizance of the alleged illegality, appropriate action stands taken by the State. An F.I.R. stands registered and the investigation is nearing completion. Also, certain persons stand arrested.

Statement accepted and taken on record.

In view of the subsequent development, we are not inclined to issue any further directions save and except we leave it to the petitioner to highlight the issues, if any, before the

4/4 appropriate forum, should the need so arise subsequently. Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-DKS U