OROPRSKASHGNPTA Vs. BIBAR PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) -In this writ application, the petitioner has prayed for a direction to the respondents to declare him successful in the written test of the 34 the Combined Competitive Examination of the Bihar Public Service Commission and then to be called for interview. By an amendment application he has farther prayed for quashing ths two orders contained in Annesures-E and F to the counter affidavit.

(2.) The petitioner completed graduation from the B, N. College in the year 1976-78. He obtained Master's Degree in Sociology from the Patna University. In the year 1985, he appeared at the Rangers Examination conducted by the Bihar Public Service Commission which commenced from 3-1-1986 and concluded on 5-1-1986. He appeared in the examination in all the papers and on all the three dates but since he did not perform well, he failed in the said examination. Thereafter, ho appeared at the 34th B. P. S. C. Competitive Civil Sercvices Examination which commenced from 19-9-1986 and finally carcluded eo 21-12-1986 His roll number was 28031. Apart from compulsory subjects, i.e., General Hindi, General Knowledge, General Science, he had offered Sanskrit Language and Literature ai also Pure Mathematics and Accounts as bis Optional Subjects. He belongs to the Backward Class. The Admit Card issued to him has been annexed marked Ancexure-1. The result of the said examination was published on the Notice Board of the office of the B. P, S. C. On 16-6-1988. The list of successful candidates included the name of this petitioner. The result cf the said examination wag also published in the local Hindi Daily (Patliputra Times) en 17-6-1988 and the petitioner was surprised to find out that his name was missing from the said list of successful candidates. It is alleged that, on a perusal of the said result published in the newspapers, it would appear that there is a gap in between roll numbers 28016 and 20836. The roll number of the petitif ner was 28031. A photostat copy of the result has been annexed marked Annexure-2. Soon thereafter, the petitioner made enquiries from the office cf this B P. S. C. as to how his name has been deleted from the list of successful candidates. However, he could see big marks obtained in the said written examinetion. the details of which have been given in Paragraph 10 of this application and excluding the marks in Hindi in general, the petitioner obtained 521 marks out of the total 850 marks. It is stated that the candidates of General category having secured a minimum of 510 marks were declared successful in the written test and the candidates in the category of Backward class who had obtained less marks were declared successful.

(3.) While making such enquiry about his result, he received Memo No. 59 dated 21-6-1988 communicated by respondent No, 2, I.e., the officer on special duty of Bihar Public Service Commission, asking him to explain the allegation, made for the first time, that he was expelled at the Rangers Examination on 4-1-1986 for using unfairmeans in General Science paper. Then, on further enquiry from the office of the Bihar Public Service Commission, the petitioner could learn that, on account of the said allegation, his name has been deleted from the list of successful candidates of the 34th Competitive Examination published on 17-6-1988. It was strenuously urged on behalf of the petitioner that he was never expelled from the Rangers Examination in question He was never asked to explain any such allegation prior to the issuance of Memo No. 59 dated 21-6-1988. It was submitted that the issuance of the alleged memo in 1988 after about 2 1/2 years of the alleged incident was arbitrary and mala fide passed with a view to deprive the petitioner of the bees-fit of his success in the 34th Combined Competitive Examination, the result of which had been published only on 17-6-1988 although the said examination had been finally concluded on 21-12-1986, The Rangers Examination had even concluded earlier on 5-1- 988. If the petitioner would have been expelled then he would not have been allowed to appear in both these examinations. The petitioner had appeared in all the papers in the Rangers Examination and he was never expelled from that examination. He, in fact, failed having not faired well in the said examination. He was cover asked to explain any such allegation ever before and this was levelled against him only after he came out successful having passed the 34th Combined Competitive Examination.