BALDEO CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the State and the Bihar Public Service Commission (hereinafter referred to as the Commission).

(2.) Petitioner was applicant for the 45th Combined Competitive Examination pursuant to Advertisement dated 28.12.2001 published in Dainik Jagran newspaper Patna edition of the same date, Annexure-1. He has filed this writ petition questioning the decision of the Commission bearing letter no. 2058 dated 10.12.2007, Annexure-5 whereunder he has been informed under Right to Information Act that marks obtained by him in General Studies Paper-II has been cancelled In the light of the decision of the Commission dated 1.9.2004, Annexure-8 and he has been awarded zero marks in the said paper. In this connection, petitioner obtained further information under Right to Information Act bearing letter no.11 dated 3.4.2008, Annexure-7 that his answer-sheet of General Studies Paper-ll bearing Roll No. 162508 appertaining to Code no. 212070 is found underlined with red ink, which is contrary to the important instruction no. 1 (ka) given at page-1 of the answer book and in appreciation of such underlining the marks secured in General Studies Paper-ll same was cancelled by the Commission under its resolution dated 1.9.2004, Annexure-8.

(3.) Learned counsel for the petitioner with reference to the proceedings of the Commission dated 1.9.2004, Annexure-8 submitted that case of the petitioner is covered by Clause-3 of the proceeding dated 1.9.2004 whereunder Commission resolved to ignore P.T.O., TURN OVER, K.T.O. or KRIPYA PRIST ULTE written on the right hand page of the answer book together with the underlining of the answers.