TRITIYA SNATAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by an Association known as Tritiya Snatak Astar Pratiyogita Chainit Sangh, inter alia, praying for quashing of the revised result of the examination of 3rd Graduate Standard Examination published by the Bihar Public Service Commission (hereinafter called the said Commission). The said result was published on 14-1-1997. The petitioners have also prayed for issuance of a writ of Mandamus commanding the said Commission to recommend the names of the candidates in terms of the final result published in respect of "the said examination in the newspaper in the State of Bihar on 16-12-1996.

(2.) The basic facts of this case are that on 13-2-1990 an advertisement was published by the Bihar Rajya Awar Seva Chayan Parishad which is also known as the Bihar State Subordinate Services Selection Board (hereinafter called the said Board). The said advertisement is at Annexure-2. Under the requirements of the said advertisement, the candidates who had to apply in response to the said advertisement are to be graduate. The subjects of examination were both compulsory and optional. Subsequently in 1992 the said Board was dissolved. After dissolution of the said Board and its merger in the said Commission, the said Commission stepped into the shoes of the said Board. The said Commission decided to take a preliminary test examination for scrutinising and holding the main examination.

(3.) In response to the said advertisement the petitioners and others applied and it is not in dispute that the petitioners have the requisite qualifications to apply. On or about 28-5-1995 the said Commission took the preliminary examination. Thereafter the result of such preliminary examination was published on or about 10-8-1995. The petitioners were successful in the said preliminary test examination and as such they received form for appearing in the final examination. The form for final examination was thus filled up by them. While filling up the said form, the petitioners took subjects as per the advertisement in the compulsory and optional subject each from group A' and 'B'. Thereafter the main examination was held on 9-12-1995. In the said examination the petitioners appeared. The Commission wrote to the Director of Personnel and Administrative Reform Departments for the purpose of roster clearance and the roster clearance was obtained.