MONU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) Learned counsel for the petitioners submits that the petitioners, being fully qualified and eligible candidates, had applied pursuant to Advertisement No. 22/2024 dtd. 7/2/2024 issued by the Bihar Public Service Commission for appointment of teachers in Elementary and Middle Schools. It is urged that the petitioners participated in the selection process and appeared in the written examination conducted by the Commission. Although an Economic Offence P.S. Case No. 06/2024 came to be instituted wherein the petitioners were named, it is pointed out that the petitioners were granted bail by the learned ACJM, Patna on 2/4/2024, there being no substantive evidence indicating any wrongdoing on their part.

(3.) It is the specific case of the petitioners that thereafter they were issued admit cards and duly appeared in the examinations held on 19/7/2024 and 20/7/2024. Learned counsel submits that the petitioners performed meritoriously and secured marks above the prescribed cut-off, which fact stands admitted from the OMR answer sheets issued by the respondent authorities themselves. It is further contended that the Commission, having conducted the examination afresh, declared the results wherein the petitioners were shown as successful candidates. However, learned counsel submits that in a wholly arbitrary manner and with a biased approach, the respondent Commission has affixed a "star mark" against the names of the petitioners and withheld the effect of their result under the pretext of pendency of the aforesaid criminal case. It is argued that such an action is dehors the statutory provisions and amounts to placing the result in a sealed cover without any authority of law. According to learned counsel, the pendency of a criminal case, particularly one unconnected with the examination process, cannot be a valid ground to deny or defer appointment to a candidate who has otherwise succeeded on merit.