BIHAR PUBLIC SERVICE COMMISSION Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is time -barred. After hearing learned counsel for the appellants and taking into consideration the averments made in the limitation petition, we find that a case for condonation of delay having occurred in filing the appeal is made out. Accordingly, the limitation petition is allowed and the delay in filing the appeal is condoned.

(2.) THE Bihar Public Service Commission (hereinafter referred to as 'the Commission ') and its Deputy Secretary are the appellants against the judgment dated 6.1.2000, passed by a learned Single Judge, whereby he has allowed the writ application being C.W.J.C. No. 2592 of 1991, of the writ petitioner -respondent and directed the appellant -Commission to add the marks secured by him in ENT paper in the marksheet and send a revised recommendation to the State Government, who on receipt of such recommendation, shall revise the gradation list of the Bihar Health Service (Basic Cadre).

(3.) AT the time of appearing in the written test, in the admit cards, general instructions were issued, which were to be followed by the candidates. Clause 9 of the said instruction provides that the candidates shall be described by the roll number mentioned in the Admit Card. They have to mention their roll number on the cover page of the answer -books. They shall not mention their names on the cover page or on any other page of the answer book nor disclose their identities nor put any identification mark in the answer book nor put their signatures below any order, judgment etc. written in answer to any question. The candidates shall not write their roll numbers or names except the actual answer to the question on the precis sheet or graphpaper inside the answer book. If they do so they shall be punished.