RAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Kumar Kaushik, learned counsel for the petitioner and Mr. Lalit Kishore, learned Senior Counsel appearing on behalf of the B.P.S.C.

(2.) The petitioner seeks issuance of a mandamus for declaring the result of the petitioner against Advertisement No. 3 of 2015 dated 05.02.2015 issued for the appointment to the post of Accounts Officer by adding the marks obtained by him in History Paper -I which has been rejected on the ground that the petitioner had placed a five hundred (Rs. 500/-) rupees note which was found by the examiner while evaluating his paper. Learned counsel has further prayed for a declaration that the action of the respondents in rejecting the answer-book and the marks obtained therein by him in History-I to be illegal, arbitrary and without any basis. He has also prayed for a direction to the Respondent-B.P.S.C. to conduct special interview in his favour so that his candidature may be considered against Advertisement No. 3 of 2015. The grounds on which the petitioner has assailed the action of the respondent is that the Respondent-Commission was wholly unjustified in the absence of any power having been conferred on the authority, it was improper for the Commission to cancel the answersheet. Learned counsel for the petitioner, further, averred that the Respondent-Commission rejected the answer-book of the petitioner without any evidence to support the remark made by the examiner that the petitioner has kept a five hundred (Rs. 500/-) rupees note in the answer-book and such a statement was wholly untenable in law. He has further submitted that being contrary to the principles of natural justice, the cancellation of the candidature of the petitioner could not be sustained.

(3.) I have learned counsel for the petitioner at length and during the course of the arguments, this Court had earlier directed the Counsel for the B.P.S.C. on 6 th of January, 2020 in the following terms:-