Bijay Shankar Tiwari And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4726 of 2018 ======================================================

1. Bijay Shankar Tiwari, S/o Manbodh Tiwari, Resident of Baba Nagar, Near Syndicate, P.S.- Buxar, District- Buxar.

2. Sanjay Kumar, S/o Sudhir Prasad Sah, Resident of VillageTelyari, P.S.- Bhawanipur Rajdham, District- Purnea. ... ... Petitioners

Versus

1. The State of Bihar through Principal Secretary, Department of General Administration, Old Secretariat, Patna.

2. Bihar Public Service Commission, Jawahar Lal Nehru Marg (Bailey Road), Patna through its Chairman.

3. Secretary, Bihar Public Service Commission, Jawahar Lal Nehru Marg (Bailey Road), Patna.

4. Controller of Examination, Bihar Public Service Commission, Jawahar Lal Nehru Marg (Bailey Road), Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh For the State :

Mr. Md. N.H.Khan -SC-1 Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 13-08-2018 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar Public Service Commission.

In the present case, allegation has been made that mass manipulation has been made by the Bihar Public Service

Patna High Court CWJC No.4726 of 2018 dt.13-08-2018 2/3 Commission in the selection of persons, which has been emphatically denied by the learned counsel for the Bihar Public Service Commission and submitted that meticulous examination has been made with regard to the evaluation of the answer sheets and after proper scrutiny, the result of written examination has been published.

It has further been submitted by the learned counsel for the Bihar Public Service Commission that the result of written examination was challenged in C.W.J.C. No.5999 of 2018 unsuccessfully and the same was challenged in L.P.A. No.726 of 2018, that too has been dismissed.

Learned counsel for the petitioners submits that complete irregularity has been done in the matter of evaluation of the answer sheets. A statement in this regard has been made in paragraph no.10 of the writ petition, having stated in SubPara (v) that answer sheets of Anthropology were evaluated by the teachers of Sociology. However, the allegation has been denied by the Bihar Public Service Commission in its counter affidavit.

This Court is not entertaining the writ petition at this stage as question would arise only if the final result is published. As the petitioner has failed to bring on record the

Patna High Court CWJC No.4726 of 2018 dt.13-08-2018 3/3 fundamental facts to make out his case in his favour and accordingly, this writ petition is dismissed. (Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 14.08.2018 Transmission Date N/A.