KUMAR DEVESH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Tej Bahadur Singh, learned senior counsel for the petitioner, Mr. Ratnesh Kumar Singh, learned counsel for the BPSC and Mr. AC to SC-16.

(2.) The petitioner is aggrieved by the final result published on 21/8/2019.

(3.) Mr. Tej Bahadur Singh, learned senior counsel for the petitioner, with reference to materials available on record, submits that the petitioner was recommended as the last candidate for appointment on the post of Lecturer/Assistant Professor and after publication of result respondents have modified the earlier result published on 25/5/2019 by issuing subsequent result dtd. 21/8/2019. Mr. Singh has vehemently argued that the Bihar Public Service Commission become functus officio after recommendation and, therefore, the Commission is not justified in modifying the result. However, he does not dispute the fact that the person, who has been included in place of the petitioner i.e. respondent no.8 is better in merit position as per the marks obtained in the selection process. His grievance is that the petitioner was not heard before altering the position of the petitioner by the BPSC.