PRIYA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sri P. K. Shahi, learned Senior Counsel appearing for the Bihar Staff Selection Commission (for brevity, 'the Commission') asserted that the PIL has been filed without any locus standi and two candidates who had appeared in the examination had moved writ petitions, which were pending before the Single Judge having roster. The writ petitions were kept pending since the PIL was pending before the Division Bench and the entire selection process is put on hold because of the pendency of the writ petitions, especially since the petitioners have sought for cancellation of the preliminary test conducted and a re-examination; when the final examination itself is over.

(2.) We specifically asked the public interest litigant, in the above circumstances whether the PIL can be withdrawn so that the matter can be agitated before the learned Single Judge. However, the petitioner insisted that the PIL be adjudicated, in which circumstance, to have a quietus to the issue, we called for the writ petitions and the learned counsel for the writ petitioners also consented to the matters being heard by us.

(3.) The dispute arises with regard to the 3rd Graduate Level Combined Competitive Examination-2022 conducted for recruitment to various posts numbering 2187 in six different services carried out by the Bihar Staff Selection Commission. The recruitment was commenced with an advertisement bearing No.1/22 dtd. 6/4/2022. The preliminary examinations were held on 23rd and 24/12/2022 and the prayer is to cancel the entire preliminary examination so as to conduct a fresh one; alleging malpractices in the examination, specifically of leakage of question papers.