KRISHNA SINGH AND ORS. Vs. THE BIHAR PUBLIC SERVICE COMMISSION, THE SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, THE STATE OF BIHAR AND THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) By this writ petition the four petitioners challenged the preliminary test result (PT) of 53rd to 55th Combined Competitive Examination held by Bihar Public Service Commission. Their challenge is that while publishing the result of preliminary test, the Bihar Public Service Commission could not give effect to reservation. In other words, the challenge is that in so far as preliminary test is concerned, the test being for deciding eligibility, reservation, which is applicable for appointment cannot be made applicable. It would further be the submission of the petitioners that in case the cut off mark is lowered for the reserved category candidate then it must be lowered generally for all. Providing for reservation at this stage and not lowering the cut off mark for all would be violative of Article 14 and Article 16 of the Constitution of India. During the pendency of the writ petition petitioner No. 3, who was a reserved category candidate passed the main examination. He is as such not contesting this writ petition.

(2.) During the pendency of the writ petition two interlocutory applications were filed. In the first interlocutory application a prayer has been made to stay the reservation in preliminary test result and in second interlocutory application a prayer has been made to stay the declaration of the main examination result and not to publish the main examination. No order has been passed on those interlocutory applications as yet. In view of the fact that the writ petition has been heard at length and is being finally disposed of, no order need be passed on those interlocutory applications.

(3.) Counter affidavit and rejoinder have been filed. Pleadings being complete with the consent of the parties the writ petition has been heard for final disposal at this stage itself.