ANJANI KUMAR PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners as also the learned Additional Advocate-General No. 1. This writ petition has been filed by Anjani Kumar Poddar and eight Ors. with a prayer for issuance of a writ of certiorari to quash the results of the written examination held in the month of January, 1994 for selection of candidates for appointment to the posts of Sub-Inspector of Police.

(2.) Learned Counsel for the Petitioners urged that there was a large scale bungling in the examination and, therefore, the results of that examination should be cancelled. As an illustration, learned Counsel for the Petitioners drew our attention to the averment made in paragraphs 27 and 31 of the writ application. A counter-affidavit has been filed in which the contents of paragraphs 27 and 31 have been denied. Apart from that the contents of paragraph 27 states as extracted below-

(3.) Similarly, in paragraph 31 of the writ petition, it has been stated that one Shri Krishna Bali Singh was supposed to have appeared at the physical test on 2.11.1993 on which date the physical tests of candidates having roll Nos. 2000 to 4000 were taken. The roll number of this Shri Krishna Bali Singh is stated to be 2326, and it is again categorically stated by the Petitioners that the said Shri Krishna Bali Singh did not appear at the physical test held on 2.11.1993 and failed to get through it but despite this he was declared successful. The contents of this paragraph 31 of the writ petition have been sworn in on the basis of the information derived from the record. It is again not disclosed from which record these averments have been made. The averments in the paragraph under reference are again in the nature of a roving and fishing enquiry. The Petitioners nave also not made Shri Krishna Bali Singh a party in the instant writ petition and, therefore, the assertions made therein could not be verified. It is stated in the said paragraph that Shri Krishna Bali Singh has been selected and, therefore, the averments made against him could not be gone into unless he was made a party in this writ application. In case we decide this point in favour of the Petitioners, no doubt, Shri Krishna Bali Singh will be affected adversely. No other arguments were placed before us regarding any other irregularity in conducting the examination.