Nishant Kumar v. The Bihar Public Service Commission

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12333 of 2021 ====================================================== Nishant Kumar, Son of Sri Ram Ratan Thakur, resident of Mohalla- Officers Colony, Mirchaibari, P.S.- Sahayak, District- Katihar. ... ... Petitioner/s

Versus

1.

The Bihar Public Service Commission through its Chairman, 2.

The Chairman, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg, Bailey Road, Patna.

3.

The Joint Secretary-cum-Examination Controller, Bihar Public Service Commission, 15, Jawaharlal Nehru Marg, Bailey Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Ranjan, Advocate For the Respondent/s :

Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. Heard learned counsel for the parties.

3. In the instant petition, the petitioner has prayed for the following reliefs:

"That this is an application for issuance of a writ in the nature of certiorari to quash the result of the 66th Preliminary Test held pursuant to advertisement dated 16.09.2020 published by BPSC for the various post on the ground of it being unjustified and manipulated by showing the correct answers as wrong answer by issuing subsequent answer sheet, thus altering the process of selection and norms which power BPSC is not ordained with and further for issuance of writ in the nature of mandamus commanding and directing the

Patna High Court CWJC No.12333 of 2021 dt.24-01-2022 2/2 respondent authorities to re assess the answer sheet of the petitioner and to stay the written examination till truth is unveiled and further for issuance of any other appropriate writ or writs, order or orders it may deem fit and proper by this Hon'ble Court."

4. The petitioner has not impleaded the necessary and proper parties, whose names are reflected in the result of 66th Preliminary Test conducted pursuant to advertisement dated 16.09.2020, notified by the Bihar Public Service Commission.

5. Accordingly, the present petition is dismissed in the light of the Apex Court decision in the case of Ranjan Kumar & Ors. Vs. The State of Bihar & Ors., reported in (2014) 16 SCC 187 (Para 3 to 13).

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.01.2022 Transmission Date NA