Subhash Chandra And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5555 of 2018 ======================================================

1. Subhash Chandra S/o Chandra Deo Modi, resident of Flat No.A-505, Sunrise Narayan Place, Shubhagya Sharma Path, Rukunpura, Baily Road, P.O.-B.V. College, Dist-Patna.

2. Ashish Kumar Srivastava S/o Satish Kumar Srivastava R/o B-127, Police Colony, Anisabad, P.O.-Anisabad, P.S-Gardanibagh, District - Patna.

.... .... Petitioner/s

Versus

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

2. The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna, 800001

3. The Chairman, Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg, Baily Road, Patna - 800001.

4. The Secretary, Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg, Baily Road, Patna - 800001.

5. The Joint Secretary-cum-Examination Controller, Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg, Baily Road, Patna - 800001.

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

For the Petitioner/s : Mr. Chandra Bhushan Verma For the Respondent/s : Mr. Partha Sarthi -Ga4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-07-2018 Heard learned counsel for petitioners and learned counsel for the State.

In the present case, the petitioners have prayed for the following reliefs:

(i) For issuance of an appropriate writ directing and commanding the respondent to show the answer sheet of 56 to 59th combined competitive (Main) Exam because Answer sheet has not examined fairly by the Bihar Public Service Commission, Bailey Road, Patna.

(ii) For issuance of an appropriate writ directing and commanding the respondent to give direction to the Respondent no.3 to 5 retotal or revaluation of the

Patna High Court CWJC No.5555 of 2018 (4) dt.27-07-2018 2 /2 Answer sheet in each and every subject of 56 to 59th Combined Competition main examination to the petitioners.

(iii) For issuance of appropriate writ directing the respondent no.3 to 5 to allow in interview to the petitioners.

(iv) For any other relief/reliefs of which the petitioners are legally entitled to.

The petitioners have challenged the manner and method adopted for work evaluation of the answer sheet and it has been stated that as per law declared, they can not claim reevaluation of answer sheet as per the law laid down by this Court as well as Hon'ble Supreme Court.

This issue has already been decided by this Court in LPA No. 726 of 2018 (Sanjeev Kumar & Ors. Vs. The State of Bihar), and the Court has held that the point that has been raised by the petitioner has no substance and accordingly LPA No. 726 of 2018 has been dismissed.

The point raised in the present case is identical to the LPA No. 726 of 2018 and the aforesaid order squarely covers the issue involved in the present case.

In such view of the matter, this writ petition is dismissed. (Shivaji Pandey, J) Vinay/Sunny U