AMLESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the writ applications have been filed for the same relief and as such with the consent of the parties were heard together and are being disposed of by this common order at the stage of Admission itself.

(2.) THE petitioners of both the writ applications had applied pursuant to advertisement made by the Bihar Public Service Commission for 46th Combined Competitive (P.T.) Examination.

(3.) BY taking the court to the question papers as well as model answers prepared by the Bihar Public Service Commission (hereinafter referred to as the B.P.S.C.) which was produced in court by the learned counsel representing the B.P.S.C. it has been tried to be shown that there were questions, answers of which were not given at all in the probable answers provided. There were certain questions, whose answers could be more than one and both answers were provided in the probable answers whereas in the model answer sheet, only one of the answers was shown as the correct answer, meaning thereby that the person, who filled up giving other probable answer, which was correct would be awarded Zero marks for the same. This could cause prejudice and according to the learned counsel, if one mark was the difference in the number obtained by one candidate against the other then perhaps a gap of nearly one thousand candidate would be there. These are the reasons, which have been shown to either cancel the aforesaid examination and direct the B.RS.C. to hold a fresh examination or in the alternative, it has been argued that those question papers be deleted and the answers given in those question papers be not counted for final assessment.